Article IV Business/Industry Zones

Requirements.

	VC	C	RT6	I	IP
a. Minimum lot area (sq. ft.)	10,000	10,000	40,000	20,000	80,000
b. Minimum lot width (feet)	100	100	140⁽¹⁾	100	100
c. Minimum lot frontage (feet)	100	100	140⁽¹⁾	100	100

Notes:
(1)	In the RT6 zone, the minimum lot width requirement for any light industrial use shall be 180 feet.

Potential exceptions. Potential exceptions to lot area, lot frontage, and/or lot width requirements may be found in § 118-4.6.

Minimum setback requirements.

Setback for yard not adjacent to residential property line^(a).

	VC	C	RT6	I	IP
a. Front (feet) - from street lot line	10	10	50	25	25
b. Front (feet) - from road centerline	-	-	75
c. Side (feet)	0	0	20	20	20
d. Rear (feet)	0	0	25	25	25

Notes:
(a)	In a Village Center Zone, an Industrial Zone or an Industrial Park zone, no setback is required where a lot line adjoins a railroad property line.

Setback for yard adjacent to residential property line.

	VC	C	RT6	I	IP
a. Front (feet)	10	10	50	50	150
b. Side (feet)	10	10	50	50	150
c. Rear (feet)	20	20	50	50	150

Potential exceptions. Potential exceptions to setback requirements may be found in § 118-4.6.

(4)

Setbacks in the IP Zoning District.

In the IP Zoning District, a yard or portion thereof, is "adjacent to Residential Property Line" and is subject to the requirements of § 118-4.4B(2) where the yard abuts property which is:

In the RM-O, R-10, RR-10, R-20, R-30, R-40, or R-80 zoning districts; and

[2]

Improved with structures containing three or less residential dwelling units in total.

Otherwise, the yard, or portion thereof, is "not adjacent to Residential Property Line" and is subject to the setbacks set forth in § 118-4.4B(1).

The determination as to which setbacks apply shall be based on the conditions at the time of application for a new structure on land in the IP Zoning District. Upon completion of such structure, and in the issuance of a Certificate of Occupancy therefor, a change in the conditions on the abutting property shall not render such structure non-conforming but rather it shall be considered to be in compliance with the requirements of this § 118-4.4B.

Maximum building coverage limitations.

	VC	C	RT6	I	IP
Maximum Building Coverage	Not limited by regulations	Not limited by regulation	Not limited by regulation	50%	35%

Maximum commercial floor area limitations.

	VC	C	RT6	I	IP
Maximum Commercial Floor Area	Not limited by regulation	Not limited by regulation	7,750 Square Feet of Public Floor area per gross acre	100% of the lot area	100% of the lot area

Maximum building height limitations.

		VC	C	RT6	I	IP⁽¹⁾
1.	Maximum building height (stories)	3	3	3*	2.5	2.5
2.	Maximum building height (feet)	40	40	40	35	35

Notes:
(1)	In the IP zone, the Commission may, by Special Permit, approve up to a four story building with a maximum building height of 50 feet.
(2)	In the Route 6 zone, the Commission may, by Special Permit, approve up to four-story building with a maximum height of 50 feet, provided that the property is solely used for one or he more of the following: hotel, motel, or motor motel provided that the rear property line is adjacent to Route I-84.

Potential exceptions. Potential exceptions to setback requirements may be found in § 118-4.6.

Moratorium.

Uses subject to moratorium.

Intent and purpose. The Zoning Commission has determined that the following uses have the potential to impair the health, safety and welfare of its citizens, and that a temporary, limited moratorium is needed in order to properly develop restrictions and standards for the implementations of these uses.

Identified uses subject to moratorium.

Medical marijuana dispensary facility.

[2]

Medical marijuana production facility.

[3]

Expansion of existing dispensary facility.

[4]

New retail recreational marijuana facility.

Application. No application for a medical marijuana dispensary, production facility, or retail recreational marijuana establishment and no installation or creation of a medical marijuana dispensary or production facility or retail recreational marijuana establishment shall be permitted in any zone within the Town of Bethel during the effective dates specified in § 118-4.4F(1)(d).

Effective date and expiration. The effective date of the moratorium on the application or installation or creation of any medical marijuana dispensary, production facility, or retail recreational marijuana establishment is the date of adoption of this Regulation by the Zoning Commission together with the filing of the amendment with the Town Clerk (effective on March 10, 2016), expiring in six months (expiration on September 10, 2016).

Exclusions.

(Reserved)

§ 118-4.5 Architectural review.

Village Center Zone. The Village Center Zone (VC) is hereby designated as a Village District as authorized by C.G.S. § 8-2j and any new construction or remodeling of the exterior of a building within the VC Zone shall be reviewed by the Village District Consultant designated by the Commission.

Other zones.

Any new construction or remodeling of the exterior of a building within the Commercial Zone (C), the Route 6 Business (RT6) Zone, the Industrial (I) Zone, or the Industrial Park (IP) Zone which is also within the Village District Overlay Zone (§ 118-5.4) shall be reviewed by the Village District Consultant designated by the Commission.

§ 118-4.6 Special provisions for business/industry zones.

If an Architectural Advisory Committee has been established by the Town, any new construction or remodeling of the exterior of a building in the Commercial Zone (C) or the Route 6 Business (RT6) Zone shall be reviewed by the Architectural Advisory Committee in accordance with the provisions of § 118-6.10 of these Regulations.

Lot width/frontage exceptions.

Where two or more lots zoned Industrial (I) or Industrial Park (IP) make use of a single joint entry from and single joint exit to a public street, the minimum frontage requirements may be disregarded, provided that:

Such entry- and exit-ways are located entirely within an I Zone or an IP Zone.

Adequate provision is made, in the judgment of the Commission, that present and future access is guaranteed to properties not having the required frontage.

Adequate provision is made for access by emergency vehicles to all properties.

All properties are, in the judgment of the Commission, of such proportions as to be usable for the intended permitted use.

An agreement is filed on the land records where each property grants each other property the rights of access, egress, and passage.

Yard exceptions.

By agreement recorded in the land records of the Town of Bethel, the owners of two lots in a RT6 Zone may, by Special Permit approved by the Commission, disregard the required side yards where such lots adjoin and the buildings may be built to the common lot line, provided that the party or other walls separating such buildings shall be of masonry construction.

Where two or more lots zoned Industrial (I) make use of a single joint entry from and single joint exit to a public street, the minimum side and rear setback requirements may be omitted along common property lines, provided that:

Such entry- and exit-ways are located entirely within an I Zone.

Adequate provision is made, in the judgment of the Commission, that present and future access is guaranteed to properties not having the required frontage.

Adequate provision is made for access by emergency vehicles to all properties.

All properties are, in the judgment of the Commission, of such proportions as to be usable for the intended permitted use.

An agreement is filed on the land records where each property grants each other property the rights of access, egress, and passage.

In the Village Center (VC) Zone and Commercial (C) Zone, where existing buildings on more than 75% of the lots on the same side of a street within a block have a front yard less than that required in the applicable zone, the front yard on an undeveloped lot on such street may be reduced to not less than the average setback of the existing buildings within the block, provided that:

The lot is not abutted on both sides by undeveloped lots;

No front yard setback line shall be less than 30 feet from the center line of the street right-of-way or less than five feet from the street property line; and

Corner visibility as provided in § 118-6.7 shall not be limited.

(4)

Structures which are: (a) on adjacent but separate lots of land both located in the Industrial Park (IP) Zoning District; and (b) otherwise compliant with the setback requirements of these Regulations, may be connected by a covered or enclosed pedestrian bridge, walkway, or hallway. Such connector shall be exempt from the setback requirements of these Regulations, provided that: (a) it does not exceed more than 10 feet in width over the entire boundary between the parcels; and (b) the right to pass and repass between the buildings over the connector and the rights and responsibility to maintain the connector shall be memorialized in an easement recorded in the land records.

Height exceptions.

The height limitations of these Regulations shall not apply in business zones to:

Flagpoles less than 50 feet in height above finished grade;

Schools, public libraries, municipal buildings, and museums which may be built to a height not to exceed three stories; or

Public utility facilities which may be built to a height not to exceed 50 feet.

Solar panels may exceed the height limitations of these Regulations, provided that:

Such panels shall not project more than 10 feet above the roof and shall be located so that no part of any such installation shall project above a 30-degree slope from the edge of the roof; and

Such panels shall be screened on all sides by a solid appearing wall constructed of materials that are harmonious in color and texture with the adjacent facade of the building, except that the Commission may modify this requirement upon proper showing that such solar panels would not be visible.

Roof-top appurtenances (such as HVAC equipment, stairwell housings, elevator shafts, air-conditioning units, cooling towers, heat pumps, or similar mechanical equipment) may exceed the height limitations of these Regulations, provided that:

Such appurtenances shall not project more than 10 feet above the roof and shall be located so that no part of any such installation shall project above a 30-degree slope from the edge of the roof; and

All such appurtenances shall be screened on all sides by a solid appearing wall constructed of materials that shall be harmonious in color and texture with the adjacent facade of the building; and

Such equipment shall not have a horizontal area greater than 20% of the roof area of the building on which it is located without approval of a Special Permit by the Commission.

Use limitations based on performance standards. It is the intent of this section to ensure that operations, uses, and activities in Industrial (I) and Industrial Park (IP) Zones in Bethel are established and maintained in a manner not detrimental to the public health, safety and welfare and in a manner beneficial to the use, enjoyment and value of neighboring properties. The use of performance standards is necessary to measure potential nuisances and hazards objectively, thereby protecting operations, uses, and activities from arbitrary control and at the same time affording the neighboring properties and the general public necessary protection against hazards and nuisance.

Noise. Except as may be exempted below or in the Connecticut General Statutes, the sound level of any operation, use, or activity shall not exceed the noise zone standards of C.G.S. § 22a-69, as currently in force or subsequently amended, with current standards stated at 70 dBA for an emitter. Measurements shall be taken at a point that is located about one foot beyond the boundary of the emitter's property within the receptor's property. The following activities are exempted from the noise limitation:

Noise created as a result of or relating to an emergency, including but not limited to sirens, alarms, etc.;

Construction or demolition activity during the daytime, as herein defined;

Noise created by blasting, provided that the such blasting has received appropriate permits and is conducted between 8:00 a.m. and 5:00 p.m.;

Noise created by on site recreational activities sanctioned by the state or local government, including but not limited to parades, sporting events, concerts, fireworks, etc.;

Noise generated by maintenance equipment for landscaping and snow removal, i.e., plows, mowers, etc.;

(f)

Farming activity;

(g)

Noise generated by transmission or distribution facilities and substations of public utilities;

(h)

Noise that is directly caused by flight operations specifically preempted by the Federal Aviation Administration.

Vibration. No vibration shall be transmitted and therefore felt outside the lot from which it originates. The following activities are exempted from the vibration limitation:

Vibration created as a result of or relating to an emergency;

Construction or demolition activity during the daytime, as herein defined;

Vibration created by blasting, provided that the such blasting has received appropriate permits and is conducted between 8:00 a.m. and 5:00 p.m.;

Vibration created by on site recreational activities sanctioned by the state or local government, including but not limited to parades, sporting events, concerts, fireworks, etc.;

Vibration generated by maintenance equipment for landscaping and snow removal, i.e., plows, mowers, etc.;

(f)

Vibration generated by transmission or distribution facilities and substations of public utilities,

Air pollution. Provisions shall be made to control emissions of air pollutants (dust, fumes, smoke, vapor, gas, etc.) into the outdoor atmosphere. Such provisions shall be in compliance with the following standards and all applicable federal (i.e., Clean Air Act) and state (i.e., Air Pollution Control, C.G.S. § 22a-174) regulations as presently in force or subsequently amended.

(4)

Odor. Provisions shall be made to control emissions of odorous substances into the outdoor atmosphere. Except as may be exempted below, odor from any use shall not be discernible to any objectionable degree at the property line. An odor will be deemed objectionable when the Department of Environmental Protection Air Compliance Unit determines such, according to guidelines and standards provided by the General Statutes of Connecticut as presently in force or subsequently amended. The following activities are exempted from the odor limitation:

Odor from agricultural activities, provided it is conducted in a manner as to minimize odors.

Odor from mobile sources.

(5)

Glare and heat. All uses shall be conducted so that direct or indirect illumination from the source of light shall not cause illumination in excess of 0.5 footcandle in any residential zone. Any form of heat shall not be perceptible outside the lot where it originates.

(6)

Electromagnetic radiation. No use on any lot shall cause interference with radio and television reception on any other lot, and any use shall conform to the regulations of the Federal Communications Commission with regard to electromagnetic radiations and to any other applicable regulation.

(7)

Dangerous materials and hazardous wastes. Materials which are dangerous due to the possibility of explosion, fire, radioactivity, corrosion, toxicity or contamination must be secured and maintained in a manner approved by federal, state and Town agencies against such dangers as:

Groundwater contamination via leachate and direct discharge.

Surface water contamination via runoff, overflow or direct discharge.

Air pollution via open burning, evaporation, sublimation and wind erosion.

Any activity whether the generation, treatment, storage, transportation of hazardous waste (is defined and controlled by Section 3001 of the Federal Resource Conservation and Recovery Act, C.G.S. Chapter 445, Hazardous Waste, C.G.S. § 22a-114, and amendments or subsequent federal, state or Town regulations) is restricted to approved and confirmed Environmental Protection Agency and Department of Environmental Protection registrants and security methods, and prior to commencement, such activity is to be reported to and must be approved by appropriate Town officials.

Any discharge of wastewater into the waters of Bethel (surface or ground) or into public disposal system must comply (either by its nature or pretreatment) with all federal (i.e., National Pollutant Discharge Elimination System) and state (i.e., Water Quality Standards and Criteria) standards.

(8)

Other standards. In addition to these standards, all relevant provisions of any other federal, state and Town laws and regulations shall also apply. Where such standards, controls or regulations are not in agreement, the more restrictive shall apply.

(9)

Compliance and enforcement.

The occupant/applicant of a parcel within an I Zone or IP Zone will be solely responsible for compliance with the performance standards.

The occupant/applicant shall, at his own expense, furnish in writing, together with the application for a building permit, sufficient evidence to the Commission that the proposed use will not produce any nuisance in excess of the measurable performance standards listed in this section.

In the event that compliance to the established performance standards cannot be judged properly during a permit processing period or prior to operation, the recipient of zoning and building permits shall provide a written statement recognizing that these performance standards are continuing obligations and that all land uses in Town are expected to operate in compliance with these standards.

In the event of an alleged violation, the Zoning Enforcement Officer shall notify the operator/occupant and such officer, charging that a violation has occurred, shall have sufficient ground for invoking the provisions of law to enforce compliance hereunder.

The Commission or the occupant/applicant may elect to engage competent technical experts to evaluate the alleged violation or the occupant/applicant or the occupant/applicant may compel the Zoning Enforcement Officer to hire such technical experts.

(f)

If such technical experts are hired:

The occupant/applicant shall bear the cost of such technical investigation if he is thereafter found to be in violation of the foregoing standards.

[2]

The Town shall bear the cost of such technical investigation where no violation has been found to have occurred.

Prohibited uses. Notwithstanding any other provision of these Regulations, the basic manufacture, processing or fabrication of the following commodities is not permitted in an Industrial (I) or Industrial Park (IP) Zone:

Abrasives.