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Article VIII Procedures

§ 118-8.1 Zoning permit (staff).

Applicability. No building or land shall be occupied or used, the use of an existing building or land shall not be changed, and no building or other structure shall be constructed, reconstructed, altered, extended or enlarged in whole or in part for any purpose until a Zoning Permit shall have been issued by the Zoning Enforcement Officer showing conformance:

With these Regulations; or

To an approval granted by the Planning and Zoning Commission; or

To a variance granted by the Zoning Board of Appeals.

Application procedures.

An application for a Zoning Permit shall be accompanied by plans and/or other information that comply with the requirements in the Appendix of these Regulations.

If all requirements of these Regulations are met, the Zoning Permit shall generally be issued within 30 days; otherwise, the permit shall be denied for stated reasons.

In the event that any Zoning Permit is issued based on incorrect information or the specific conditions of approval are not adhered to strictly, such Zoning Permit shall be null and void.

Notice provisions.

In accordance with C.G.S. § 8-3(f), the recipient of a Zoning Permit may publish notice of issuance of the Zoning Permit in order to establish the appeal period per C.G.S. § 8-7.

Any such notice to be published by the recipient shall contain:

A description of the building, use or structure and its location;

The identity of the applicant; and

A statement that an aggrieved person may appeal to the Board of Appeals in accordance with the provisions of C.G.S. § 8-7.

§ 118-8.2 Certificate of Zoning Compliance (staff).

Applicability. No building, structure, land or premises shall be occupied for use or converted to a new use until a certificate of zoning compliance has been issued by the Zoning Enforcement Officer or his designee.

Application procedures.

An application for a Certificate of Zoning Compliance shall be accompanied by plans and/or other information that comply with the requirements in the Appendix of these Regulations.

Within 15 days of such application, the Zoning Enforcement Officer or his designee shall inspect the premises.

If all requirements of these Regulations are met, including requirements of approved site and plot plans, the certificate shall be issued within 15 days; otherwise, the certificate shall be denied for stated reasons.

In the event that any permit or certificate is issued based on incorrect information or the specific conditions of approval are not adhered to strictly, such permit or certificate shall be null and void.

A certificate of zoning compliance shall remain in effect as long as the specified uses and conditional requirements are properly maintained but shall cease whenever such conditions and uses are terminated or no longer maintained.

Notice provisions.

In accordance with C.G.S. § 8-3(f), the recipient of a certificate of zoning compliance may publish notice of issuance of the certificate of zoning compliance in order to establish the appeal period per C.G.S. § 8-7.

Any such notice to be published by the recipient shall contain:

A description of the building, use or structure;

The location of the building, use or structure;

The identity of the applicant; and

A statement that an aggrieved person may appeal to the Board of Appeals in accordance with the provisions of C.G.S. § 8-7.

§ 118-8.3 Preliminary concept plan (PZC).

Applicability. If an application is of such size or nature that providing a Site Plan or other application may be a significant expense, the applicant may submit a Concept Plan for informal presentation to the Commission.

Concept plan submission.

A Concept Plan submission shall be submitted to the Planning and Zoning Office and shall be accompanied by plans and/or other information that comply with the requirements in the Appendix of these Regulations.

The Commission may informally review the Concept Plan for general conformance with these Regulations and may request additional information where deemed necessary.

A Concept Plan shall be considered only informational and advisory in nature and no development rights shall attach to the review or consideration of any Concept Site Plan.

Such review shall not be binding on the applicant or the Commission.

In accordance with PA 03-184, such review and any results or information obtained from it may not be appealed under any provision of the Connecticut General Statutes.

A Concept Plan shall be placed on file in the Commission's office for continuing reference purposes for any subsequent application.

§ 118-8.4 Site plan authority.

Applicability

A Site Plan application shall be submitted:

For any activity designated in the Regulations as requiring Site Plan approval.

In a Residential zone, for any construction, development, expansion, or major alteration of a multi-family use or any non-residential use.

In any other zone, for any construction, development, expansion, or major alteration of any use including any alteration in site improvements such as parking, pedestrian or vehicle circulation, public utilities or reduction of landscaping.

Notwithstanding the above, a site plan shall not be required for:

Interior remodeling work; or

Minor site plan revisions defined as:

Use changes for permitted uses in an existing building or building additions that require up to an additional five parking spaces;

Changes in the layout of a parking lot, excluding changes in driveway locations;

Changes in exterior mechanical equipment, dumpsters or storage structures which occupy less than 200 square feet of floor area; or

Changes in the location of existing fences or new fence locations.

Submission requirements.

A Site Plan application shall be submitted to the Planning and Zoning Office and shall include a completed application form and the appropriate fee.

A Site Plan application shall be accompanied by detailed plans, signed and sealed by an appropriate professional, for review by the Commission and its designees that comply with the requirements in the Appendix of these Regulations.

A Soil Erosion and Sediment Control Plan in accordance with the requirements of § 118-6.6 shall be submitted when the disturbed area of any development is more than 1/2 acre.

The Commission may, in accordance with the requirements of these Regulations and the Appendix of these Regulations, require the submission of additional information as deemed necessary to make a reasonable review of the application.

Proceedings.

The date of receipt for the Site Plan application shall be determined in accordance with § 118-8.10B.

An incomplete Site Plan application may be denied in accordance with § 118-8.10C.

If a Site Plan application involves an activity regulated pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the Inland Wetlands Commission not later than the day such application is filed with the Commission.

For new construction or other activity considered to be significant in the sole judgment of the Commission, the Commission:

May hold a public hearing on the application; and

If such hearing is to be held, shall require that the applicant give notice to property owners in accordance with the requirements of § 118-8.10G of these Regulations.

Notification to adjoining municipalities may be required in accordance with the requirements of § 118-8.10H.

Notification to water companies may be required in accordance with the requirements of § 118-8.10I.

Notification to the Department of Environmental Protection may be required in accordance with the requirements of § 118-8.10J.

Whenever a Site Plan application is required in conjunction with another application requiring a public hearing (such as a Special Permit application or a Zone Change application):

The time period for acting on the Site Plan application shall coincide with the time period for acting on the related application; and

A decision on the application shall be rendered within 65 days after the close of the public hearing on such other application, except that the applicant may consent to one or more extensions of such period provided the total period of any such extension or extensions shall not exceed 65 days.

Whenever approval of a Site Plan is the only approval required, a decision on the application shall be rendered within 65 days after the date of receipt of such Site Plan application except that the applicant may consent to one or more extensions of such period, provided the total period of any such extension or extensions shall not exceed 65 days.

Notwithstanding the provisions of this Section, if an application involves an activity regulated pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive, and the time for a decision by the Commission would elapse prior to the 35th day after a decision by the Inland Wetlands Commission, the time period for a decision shall be extended to 35 days after the decision of such agency.

Approval of a site plan shall be presumed unless a decision to deny or modify it is rendered within the applicable time period specified above (approval as a result of failure of the Commission to act).

The applicant may, at any time prior to action by the Commission, withdraw such application.

Considerations.

On a Site Plan application involving an activity regulated pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive, the Commission shall:

Wait to render its decision until the Inland Wetlands Commission has submitted a report with its final decision; and

Give due consideration to any report of the Inland Wetlands Commission when making its decision.

On a Site Plan application involving notice to adjoining municipalities under § 118-8.10H or notice to water companies under § 118-8.10I, the Commission shall give due consideration to any report or testimony received.

Before the Commission approves a Site Plan application, it shall determine that the application is in conformance with the applicable provisions of these Regulations.

In approving a Site Plan application, the Commission may impose conditions deemed necessary to protect the public health, safety, welfare, convenience, and property values.

The Zoning Enforcement Officer may require that a bond be posted, in an amount and form acceptable to the Zoning Enforcement Officer, to ensure:

That adequate erosion and sediment control measures are installed and maintained, before any Zoning Permit is issued for activities shown on the approved plan; and

That all of the improvements shown on the approved plan are implemented before a Certificate of Zoning Compliance related to issuance of a Certificate of Occupancy is granted.

The Commission shall not approve any Site Plan for any property on which there exists a zoning violation, unless such Site Plan application will remedy such violation.

Action documentation.

Whenever it grants or denies a Site Plan application, the Commission shall state upon its record the reason(s) for its decision.

The Commission shall send, by certified mail, a copy of any decision to the applicant within 15 days after such decision is rendered.

The Commission shall cause notice of the approval or denial of site plans to be published in a newspaper having a substantial circulation in Bethel within 15 days after such decision is rendered.

In any case in which such notice is not published within the 15-day period after a decision has been rendered, the person who submitted such plan may provide for the publication of such notice within 10 days thereafter.

On any application for which the period for approval has expired and on which no action has been taken, the Commission shall send a letter of approval to the applicant within 15 days of the date on which the period for approval expired and such letter of approval shall state the date on which the five-year completion period expires.

Following approval.

Following approval of a Site Plan application, one fixed-line mylar copy and three paper copies of the approved plan(s) shall be submitted to the Planning and Zoning Office:

Bearing the raised seal and signature of the appropriate professionals which prepared the drawing(s);

Bearing a copy of the decision letter of the Commission and any other town regulatory agencies authorizing the activity; and

Containing a signature block where the Chairman of the Commission can indicate the approval of the Commission.

Following signature by the Chairman, such plans shall be filed in the office of the Planning and Zoning Office before any Zoning Permits are issued for the activities shown on the approved plan.

Proposed modifications to approved site plans shall be submitted to the Zoning Enforcement Officer for review and such proposed modifications may be:

Approved by the Zoning Enforcement Officer if minor in nature; or

Submitted to the Commission for additional review if they propose major changes (i.e., additional building floor area, alteration of building location, etc.).

The Zoning Enforcement Officer shall submit a monthly report to the Commission summarizing actions taken in connection with § 118-8.4F(3).

Within a Village District Overlay Zone, no approval shall be effective until a copy thereof, certified by the Commission, containing the name of the owner of record, a description of the premises to which it relates and specifying the reasons for its decision, is recorded by the applicant in the land records, indexed in the grantor's index under the name of the record owner.

Expiration and completion.

Any Site Plan application under which no work is commenced (a structural portion of a building has not been erected) within 12 months from the date of approval, shall expire unless the Commission shall provide for a longer time period not to exceed 24 months from the date of approval.

All work in connection with a site plan shall be completed within five years after the date of approval of the plan and failure to complete all work within such five-year period shall result in automatic expiration of the approval of such site plan unless the Commission shall have granted an extension of the time to complete work in connection with such site plan.

The Commission may grant one or more extensions of the time to complete all or part of the work in connection with the site plan, provided the total extension or extensions shall not exceed 10 years from the date of approval of such site plan.

The Commission may condition the approval of such extension on a determination of the adequacy of any bond or other surety.

§ 118-8.5 Special permit application (PZC).

Applicability.

A Special Permit application shall be submitted for any activity designated in the Regulations as requiring Special Permit approval.

Notwithstanding the above, a Special Permit shall not be required for interior renovations and modifications for space within a structure previously approved by the Commission as a site plan approval under § 118-8.4, or as a Special Permit under these Regulations, provided that:

The use is permitted within the zone;

There are no exterior alterations to the structure or the site;

There is no additional requirement for parking under § 118-6.2 of the Zoning Regulations.

Pre-submission requirements. Prior to the submission of a Special Permit application to the Commission, the applicant shall request an informal conference with the Planning and Zoning Official for a pre-application review with appropriate Town agents and staff.

Submission requirements.

A Special Permit application shall be submitted to the Planning and Zoning Office and shall include a completed application form and the appropriate fee.

Each application for a Special Permit shall be accompanied by a Site Plan application unless the Zoning Enforcement Officer finds that there are no physical changes proposed to the site or any building or structure and the submission of a Site Plan application is not necessary for the Commission to evaluate the proposal.

A Special Permit application shall be accompanied by appropriate materials for review by the Commission and its designees that comply with the requirements in the Appendix of these Regulations.

The Commission may, in accordance with the requirements of these Regulations and the Appendix of these Regulations, require the submission of additional information as deemed necessary to make a reasonable review of the application.

The applicant shall bear the burden of demonstrating that the applicable Special Permit Criteria in § 118-8.5E of these Regulations are addressed.

The Commission shall not be required to hear an application relating to the same request or substantially the same requests, more than twice in a 12-month period.

Proceedings.

The date of receipt of the Special Permit application shall be determined in accordance with § 118-8.10B.

An incomplete Special Permit application may be denied in accordance with § 118-8.10C.

If a Special Permit application involves an activity regulated pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the Inland Wetlands Commission not later than the day such application is filed with the Commission.

The Commission shall hold a public hearing on the Special Permit application and:

Publish a legal notice in accordance with the requirements of § 118-8.10F of these Regulations; and

Require that the applicant give notice to property owners in accordance with the requirements of § 118-8.10G of these Regulations.

Notification to adjoining municipalities may be required in accordance with the requirements of § 118-8.10H.

Notification to water companies may be required in accordance with the requirements of § 118-8.10I.

The Commission shall process the Special Permit application within the period of time permitted under C.G.S. § 8-7d:

The public hearing shall commence within 65 days after receipt of the application;

The public hearing shall be completed within 35 days after such hearing commences;

All decisions shall be rendered within 65 days after completion of such hearing; and

The applicant may consent to one or more extensions of any period specified herein provided the total extension of all such periods shall not be for longer than 65 days.

Notwithstanding the provisions of this Section, if an application involves an activity regulated pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive, and the time for a decision by the Commission would elapse prior to the 35th day after a decision by the Inland Wetlands Commission, the time period for a decision shall be extended to 35 days after the decision of such agency.

The applicant may, at any time prior to action by the Commission, withdraw such application.

Special permit criteria. In considering an application for a Special Permit, the Commission shall evaluate the merit of the application with respect to the following factors except that the Commission may determine that some factors may not be applicable to certain types of applications:

Zoning purposes: whether the proposed use or activity conflicts with the purposes of the Regulations.

Environmental protection and conservation: whether appropriate consideration has been given to the protection, preservation, and/or enhancement of natural, scenic, historic, and unique resources including, where appropriate, the use of conservation restrictions to protect and permanently preserve natural, scenic, historic, or unique features which enhance the character and environment of the area.

Overall neighborhood compatibility: whether the proposed use will have a detrimental effect on neighboring properties and residences or the development of the district.

Suitable location for use: whether the location and size of the site, the nature and intensity of the operations involved in or conducted in connection with the use, and the location of the site with respect to streets giving access to it are such that the use will be in harmony with the appropriate and orderly development in the district in which it is located and shall promote the welfare of the Town.

Appropriate improvements.

Whether the design elements of the proposed development will be attractive and suitable in relation to the site characteristics, the style of other buildings in the immediate area, and the existing and probable future character of the neighborhood in which the use is located.

Whether the location, nature and height of buildings, walls, and fences, planned activities and the nature and extent of landscaping on the site will be such that the use shall not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

Whether the proposed use or activity will have an adverse effect upon the neighboring area resulting from the use of signs, exposed artificial lights, colored lights of any nature, flashing lights, loudspeakers or other noisemaking devices.

In cases where it is proposed to convert a structure designed and built originally for other uses, whether the structure is adaptable to the proposed use from the point of view of public health and safety.

Suitable transportation conditions.

Whether the parking area or areas will be of adequate size for the particular use, shall be suitably screened from adjoining residential uses, and entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances.

Whether the streets and other rights-of-way are or will be of such size, condition and capacity (in terms of capacity, width, grade, alignment and visibility) to adequately accommodate the traffic to be generated by the particular proposed use.

Adequate public utilities and services.

Whether the provisions for water supply, sewage disposal, and stormwater drainage conform to accepted engineering practices, comply with all standards of the appropriate regulatory authority, and will not unduly burden the capacity of such facilities.

Whether the proposed use or activity will provide easy accessibility for fire apparatus and police protection and is laid out and equipped to further the provision of emergency services.

Long-term viability: whether adequate provision has been made for the sustained maintenance of the proposed development (structures, streets, and other improvements).

Nuisance avoidance.

Whether the design and use incorporate measures to control noise, light, parking visibility, erosion, water contamination and stormwater run-off on the site and in relation to the surrounding area.

Whether the hours of operation need to be regulated in order to protect public health, safety, convenience and property values.

Plan of conservation and development. Whether the proposed use or activity is in accordance with or facilitates achievement of one or more of the goals, objectives, policies, and recommendations of the Plan of Conservation and Development, as amended.

Decision considerations.

Before the Commission approves a Special Permit application, it shall determine that the application:

Has, in the sole discretion of the Commission, satisfied the Special Permit criteria in § 118-8.5E of these Regulations; and

Is in conformance with other applicable provisions of these Regulations; and

Is in harmony with the purposes and intent of these Regulations.

On a Special Permit application involving an activity regulated pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive, the Commission shall:

Wait to render its decision until the Inland Wetlands Commission has submitted a report with its final decision; and

Give due consideration to any report of the Inland Wetlands Commission when making its decision.

On a Special Permit application involving notice to adjoining municipalities under § 118-8.10H or notice to water companies under § 118-8.10I, the Commission shall give due consideration to any report or testimony received.

In granting a Special Permit, the Commission may:

Stipulate such conditions as are reasonable and necessary to protect or promote the public health, safety or welfare; property values; the environment; sound planning and zoning principles; improved land use, site planning and land development; or better overall neighborhood compatibility; and

Impose additional requirements, conditions or safeguards as a prerequisite to the issuance of the Zoning Permit by the Zoning Enforcement Officer, if it shall be found necessary in order that the spirit of these Regulations may be observed, public safety and welfare secured or substantial justice done.

Any or all of the special permit criteria of § 118-8.5E may be waived by the Commission for signs and accessory apartments.

Any condition or safeguard attached to the granting of a Special Permit:

Shall remain with the property as long as the Special Permit use is still in operation; and

Shall continue in force and effect regardless of any change in ownership of the property.

The Commission shall not approve any Special Permit for any property on which there exists a zoning violation, unless such Special Permit application will remedy such violation.

Action documentation.

The Planning and Zoning Commission shall approve, disapprove or approve with conditions the proposed Special Permit.

Whenever it acts on a Special Permit application, the Commission shall state upon its record the reason(s) for its decision.

The decision to grant a Special Permit shall:

State the name of the owner of record;

Contain a description of the premises to which it relates;

Identify the Section and/or Subsection of the Regulations under which the Special Permit was granted or denied; and

Specify the nature of the Special Permit.

The Commission shall send, by certified mail, a copy of any decision on a Special Permit application to the applicant within 15 days after such decision is rendered.

The Commission shall cause notice of the approval or denial of the Special Permit application to be published in a newspaper having a substantial circulation in Bethel within 15 days after such decision is rendered.

In any case in which such notice is not published within the 15-day period after a decision has been rendered, the person who submitted such application may provide for the publication of such notice within 10 days thereafter.

Following approval.

A Special Permit granted by the Commission shall only become effective upon the filing of a copy, certified by the Commission, in the land records of the Town, in accordance with the provisions of C.G.S. § 8-3d.

A Special Permit shall only authorize the particular use or uses specified in the Commission's approval.

Failure to strictly adhere to the documents, plans, terms, conditions and/or safeguards approved by the Commission or its staff shall be a violation of these Regulations and the Commission shall have the authority to revoke the permit at any time the operation is found to be in noncompliance with the original permit.

A Special Permit may be amended or modified in like manner as provided above for the granting of a Special Permit, except that amendments which shall be found to be of a minor nature, result in no significant change in the use or its intensity, or which do not materially alter the Special Permit, as determined by the Commission, may be authorized with Commission approval only, without another public hearing.

Any use governed by an existing special permit may be amended by the Commission through the granting of a new special permit in accordance with these Regulations.

§ 118-8.6 Text amendment application (PZC).

Applicability. A Text Amendment application shall be submitted for any proposal to amend, change, or repeal any Section of these Regulations.

Submission requirements.

A Text Amendment application shall be submitted to the Planning and Zoning Office and shall include a completed application form and the appropriate fee.

A Text Amendment application shall be accompanied by 10 copies of the precise wording of the existing and proposed text and any other supporting information, including reasons for the proposed amendment, that comply with the requirements in the Appendix of these Regulations.

The Commission may require the submission of additional information as deemed necessary to make a reasonable review of the application.

A Text Amendment application shall only be submitted by:

An owner of real property in Bethel;

Residents or persons having an interest in land in Town; or

By the Commission on its own initiative.

The Commission shall not be required to hear any petition or petitions relating to the same text changes, or substantially the same text changes, more than once in a period of 12 months unless it finds, on facts presented in writing, that a material change in the situation justifies this action. A change of ownership of property or any interest therein shall not be deemed a material change in the situation for the purpose of this Section.

Proceedings.

The date of receipt for the Text Amendment application shall be determined in accordance with § 118-8.10B.

An incomplete Text Amendment application may be denied in accordance with § 118-8.10C.

The Commission shall hold a public hearing on the Text Amendment application and:

Shall cause a legal notice to be published in accordance with the requirements of § 118-8.10F of these Regulations.

May publish the full text of such proposed regulation in full in such notice.

The Commission shall give written notice to the regional planning agency when any portion of the land affected by a regulation change affecting the use of a zone is located within 500 feet of the boundary of another municipality and:

Such notice shall be made by certified mail, return receipt requested.

Such notice shall be made not later than 30 days before the public hearing.

The regional planning agency may submit its advisory findings and recommendations to the Commission at or before the hearing, but if such report is not submitted, it shall be presumed that such agency does not disapprove of the proposal.

Notification to adjoining municipalities may be required in accordance with the requirements of § 118-8.10H.

Notification to water companies may be required in accordance with the requirements of § 118-8.10I.

The Commission may refer any application to amend the Zoning Regulations to any Town department or other agency the Commission deems appropriate and may request any such department or agency to submit a report to the Commission on matters that are of concern to it in connection with its own responsibility.

A copy of the proposed regulation shall be filed by the applicant in the office of the Town Clerk for public inspection at least 10 days before the public hearing.

The Commission shall process the Text Amendment application within the period of time permitted under C.G.S. § 8-7d:

The public hearing shall commence within 65 days after receipt of the application.

The public hearing shall be completed within 35 days after such hearing commences.

All decisions shall be rendered within 65 days after completion of such hearing.

The applicant may consent to one or more extensions of any period specified herein provided the total extension of all such periods shall not be for longer than 65 days.

These provisions shall not apply to any action initiated by the Commission regarding adoption or change of any Regulation.

The applicant may, at any time prior to action by the Commission, withdraw such application.

Decision considerations.

The Commission shall act upon the changes requested in such Text Amendment application.

On a Text Amendment application involving notice to adjoining municipalities, water companies, or a regional planning agency:

Any report received from those agencies shall be made a part of the record of such hearing.

The Commission shall give due consideration to any report or testimony received.

In making its decision, the Commission shall:

Consider whether the text amendment will be in accordance with a comprehensive plan (the overall scheme of the zoning map and regulations); and

Take into consideration the Plan of Conservation and Development, prepared pursuant to C.G.S. § 8-23.

In accordance with C.G.S. § 8-3a(a), the Commission shall state on the record its findings on consistency of a proposed zoning regulation or text change with the Plan of Conservation and Development, as may be amended.

Before approving any Text Amendment application, the Commission shall determine that the proposed regulation change will aid in:

Protecting the public health, safety, welfare, or property values; and

Attaining the purposes of these Regulations.

Action documentation.

Whenever the Commission acts upon a Text Amendment application, it shall state upon the record the reasons for its decision.

In making its decision, the Commission shall state upon the record its findings on consistency of the proposed establishment, change or repeal of such Regulations with the Plan of Conservation and Development, as amended.

As part of approving a Text Amendment application:

The Commission shall establish an effective date for the Regulation change, provided that a notice of the decision of the Commission shall have been published in a newspaper having a substantial circulation in Bethel before such effective date; or

If an effective date is not so specified, the text amendment shall become effective upon publication in a newspaper having a substantial circulation in the Town.

The Commission shall send, by certified mail, a copy of any decision on a Text Amendment application to the applicant within 15 days after such decision is rendered.

The Commission shall cause notice of the approval or denial of the Text Amendment application to be published in a newspaper having a substantial circulation in Bethel within 15 days after such decision is rendered.

In any case in which such notice is not published within the 15-day period after a decision has been rendered, the person who submitted such application may provide for the publication of such notice within 10 days thereafter.

Following approval. A regulation amendment approved by the Commission shall be filed in the office of the Town Clerk before the effective date.

§ 118-8.7 Zone change application (PZC).

[Amended 12-9-2025]

Applicability. A Zone Change application shall be submitted for any proposal to alter the zoning designation of any parcel(s) of land or part thereof.

Submission requirements.

A Zone Change application shall be submitted to the Planning and Zoning Office and shall include a completed application form and the appropriate fee.

A Zone Change application shall be accompanied by 10 copies of a map signed and sealed by a land surveyor licensed in the State of Connecticut for review by the Commission and its designees that complies with the requirements in the Appendix of these Regulations.

The Commission may require the submission of additional information as deemed necessary to make a reasonable review of the application.

A Zone Change application shall only be:

Submitted by the owner of the real property affected by the zone change;

Initiated by petition of residents or persons having an interest in land in Town; or

Submitted by the Commission on its own initiative.

The Commission shall not be required to hear a Zone Change application that has been rejected within one year from the date of rejection unless it finds, on facts presented in writing, that a material change in the situation justifies this action. A change of ownership of property or any interest therein shall not be deemed a material change in the situation for the purpose of this Section.

The requirements of § 118-8.7B(2) through (5), inclusive, shall not apply to any zone change application initiated by the Commission on its own initiative.

When the Commission files an application for zone change on its own initiative, it shall file a map showing the proposed change using the official Assessor's Map of the Town of Bethel. The map shall include other information so as to allow a user to easily identify the general location such as street names, railroad tracks, and any recognizable water bodies or watercourses. The map shall also include a 500-foot buffer surrounding the area proposed for change.

The Commission shall file a list of all properties affected by such change and include sufficient information in order to identify said properties, including the street address and the parcel identifier as assigned by the Assessor's Office. The list shall also include the current zone in which the property lies, and the proposed zone.

The Commission shall file a list of all properties within 500 feet of the proposed zone change and include sufficient information in order to identify said properties, including the street address and the parcel identifier as assigned by the Assessor's Office.

Proceedings.

The date of receipt for the Zone Change application shall be determined in accordance with § 118-8.10B.

An incomplete Zone Change application may be denied in accordance with § 118-8.10C.

The Commission shall hold a public hearing on the Zone Change application and shall:

Publish a legal notice in accordance with the requirements of § 118-8.10F of these Regulations; and

Require that the applicant give notice to property owners in accordance with the requirements of § 118-8.10G of these Regulations, unless the zone change is initiated by the Commission on its own initiative.

The Commission shall give written notice to the regional planning agency when any portion of the land affected by a map change is located within 500 feet of the boundary of another municipality and:

Such notice shall be made by certified mail, return receipt requested.

Such notice shall be made not later than 30 days before the public hearing.

The regional planning agency may submit its advisory findings and recommendations to the Commission at or before the hearing but if such report is not submitted, it shall be presumed that such agency does not disapprove of the proposal.

Notification to adjoining municipalities may be required in accordance with the requirements of § 118-8.10H.

Notification to water companies may be required in accordance with the requirements of § 118-8.10I.

The Commission may refer any application to amend the zoning map to any Town department or other agency the Commission deems appropriate and may request any such department or agency to submit a report to the Commission on matters that are of concern to it in connection with its own responsibility.

A copy of the proposed zoning map change shall be filed by the applicant in the office of the Town Clerk for public inspection at least 10 days before the public hearing.

The Commission shall process the Zone Change application within the period of time permitted under C.G.S. § 8-7d:

The public hearing shall commence within 65 days after receipt of the application.

The public hearing shall be completed within 35 days after such hearing commences.

All decisions shall be rendered within 65 days after completion of such hearing.

The applicant may consent to one or more extensions of any period specified herein provided the total extension of all such periods shall not be for longer than 65 days.

These provisions shall not apply to any action initiated by the Commission regarding a zoning map change.

The applicant may, at any time prior to action by the Commission, withdraw such application.

Decision considerations.

The Commission shall act upon the changes requested in such Zone Change application.

On a Zone Change application involving notice to adjoining municipalities, water companies, or a regional planning agency:

Any report received from those agencies shall be made a part of the record of such hearing.

The Commission shall give due consideration to any report or testimony received.

Changes in zone district boundaries:

Should be in harmony with the Plan of Conservation and Development for the Town of Bethel, as amended.

Shall, where possible, constitute logical extensions of like or compatible districts.

Where appropriate, follow property lines or geo-physical features.

In making its decision, the Commission shall take into consideration the Plan of Conservation and Development, prepared pursuant to C.G.S. § 8-23.

In accordance with C.G.S. § 8-3a(a), the Commission shall state on the record its findings on consistency of a proposed zoning map change with the Plan of Conservation and Development, as may be amended.

Before approving any Zone Change application, the Commission shall determine that the proposed regulation change:

Is in accordance with the Plan of Conservation and Development;

Is suitable for the intended location;

Will aid in protecting the public health, safety, welfare, or property values; and

Will aid in attaining the purposes of these Regulations.

Such zone change(s) shall be established, changed or repealed only by a majority vote of all the members of the Commission except that, if a protest against a proposed change is filed at or before a hearing with the Commission, signed by the owners of 20% or more of the area of the lots affected by such proposed change or of the lots within 500 feet in all directions of the property included in the proposed change, such change shall not be adopted except by a vote of 2/3 of all the members of the Commission.

Action documentation.

Whenever the Commission acts upon a Zone Change application, it shall state upon the record:

The reasons for its decision.

Its findings on consistency of the proposed zone change with the Plan of Conservation and Development, as amended.

As part of approving a Zone Change application:

The Commission shall establish an effective date for the zoning map change, provided that a notice of the decision of the Commission shall have been published in a newspaper having a substantial circulation in Bethel before such effective date; or

If an effective date is not so specified, the zoning map change shall become effective upon publication in a newspaper having a substantial circulation in the Town.

The Commission shall send, by certified mail, a copy of any decision on a Zone Change application to the applicant within 15 days after such decision is rendered.

The Commission shall cause notice of the approval or denial of the Zone Change application to be published in a newspaper having a substantial circulation in Bethel within 15 days after such decision is rendered.

In any case in which such notice is not published within the 15-day period after a decision has been rendered, the person who submitted such application may provide for the publication of such notice within 10 days thereafter.

Following approval. A zoning map change approved by the Commission shall be filed in the office of the Town Clerk before the effective date.

§ 118-8.8 Variance application (ZBA).

Applicability. A Variance application shall be submitted for any proposal to vary the application of the zoning regulations with regard to any parcel(s) of land or part thereof.

Submission requirements.

A Variance application shall be submitted to the Planning and Zoning Office and shall include a completed application form and the appropriate fee.

A Variance application shall be accompanied by five copies of materials that comply with the requirements in the Appendix of these Regulations.

The Board shall require the filing of a survey prepared by a licensed land surveyor when the variance is dimensional in nature or such survey is integral to the understanding of the application.

As provided by C.G.S. § 8-6, the Board shall not be required to hear any application for the same variance or substantially the same variance for a period of six months after a decision by the Board or by a court on an earlier such application.

If a Variance application involves an activity regulated pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the Inland Wetlands Commission not later than the day such application is filed with the Commission.

Proceedings.

The date of receipt for the Variance application shall be determined in accordance with § 118-8.10B.

The Board shall hold a public hearing on the Variance application and:

Publish a legal notice in advance of the hearing in accordance with the requirements of § 118-8.10F of these Regulations; and

Require that the applicant give notice to property owners in accordance with the requirements of § 118-8.10.G of these Regulations.

At such hearing, any party may appear in person or may be represented by agent or by attorney.

Notification to adjoining municipalities may be required in accordance with the requirements of § 118-8.10H.

Notification to water companies may be required in accordance with the requirements of § 118-8.10I.

An incomplete Variance application may be denied in accordance with § 118-8.10C.

The Board shall process the Variance application within the period of time permitted under C.G.S. § 8-7d:

The public hearing shall commence within 65 days after receipt of the application.

The public hearing shall be completed within 35 days after such hearing commences.

All decisions shall be rendered within 65 days after completion of such hearing.

The applicant may consent to one or more extensions of any period specified herein, provided the total extension of all such periods shall not be for longer than 65 days.

The applicant may, at any time prior to action by the Commission, withdraw such application.

Decision consideration.

Before granting a variance, the Board shall find that a literal enforcement of these Regulations would result in exceptional difficulty or unusual hardship:

Solely with respect to the parcel of land that is the subject of the application; and

Owing to conditions especially affecting such parcel but not affecting generally the district in which it is situated.

The Board shall only grant the minimum variance necessary to alleviate the exceptional difficulty or unusual hardship:

In harmony with the general purpose and intent of the Regulations;

With due consideration for conserving the public health, safety, convenience, welfare and property values; and

So that substantial justice shall be done and the public safety and welfare secured.

The concurring vote of four members of the Board shall be necessary to vary the application of the Zoning Regulations.

Additional considerations for use variances.

No use variance shall be granted where a dimensional variance would relieve the exceptional difficulty or unusual hardship.

No use variance for a business use or an industrial use shall be granted in a Residence Zone.

A use variance shall only be granted where, without the use variance, the private property would be rendered valueless.

Action documentation.

Whenever it grants or denies a Variance application, the Board shall state upon its records:

The reason for its decision;

The Regulation which is varied in its application; and

A specific description of the exceptional difficulty or unusual hardship on which its decision is based.

Notice of the decision of the Board shall be sent by certified mail to the applicant within 15 days after such decision has been rendered.

Such notice shall:

State the name of the owner of record;

Contain a description of the premises to which it relates;

State the nature of the hardship claimed; and

Specify the nature of such variance including the Regulation which is varied in its application.

Notice of the decision of the Board shall be published in a newspaper having a substantial circulation in Bethel within 15 days after such decision has been rendered.

In any case in which such notice is not published within such 15-day period, the applicant may provide for the publication of such notice within 10 days thereafter.

Following approval:

A variance granted by the Board shall only become effective upon the filing of a copy, certified by the Board, in the land records of the Town, in accordance with the provisions of C.G.S. § 8-3d.

A variance shall only authorize the particular activity specified in the Board's approval.

§ 118-8.9 Motor vehicle location application.

Applicability.

In accordance with C.G.S. § 14-54, an application for a Certificate of Location Approval shall be submitted to the Zoning Board of Appeals by any person who desires to obtain a license for dealing in or repairing motor vehicles in Bethel, except that this requirement shall not apply to:

A transfer of ownership to a spouse, child, brother, sister or parent of a licensee;

A transfer of ownership to or from a corporation in which a spouse, child, brother, sister, or parent of a licensee has a controlling interest; or

A change in ownership involving the withdrawal of one or more partners from a partnership.

In accordance with C.G.S. § 14-321, an application for a Certificate of Location Approval shall be submitted to the Planning and Zoning Commission by any person who desires to obtain a license for the sale of gasoline or any other product, under the provisions of C.G.S. § 14-319, including the alteration or changing of adjoining physical properties for such purposes, except that this requirement shall not apply:

In the case of a renewal of a license by the holder of the license;

To the transfer of the last issued license from one person to another provided no more than one year has elapsed since the expiration of such license; or

In the case of the addition or discontinuance of pumps.

Proceedings.

In reviewing a Certificate of Location Approval application, the Board and Commission, as applicable, act as agents of the State of Connecticut and the notice provisions and other provisions of CGS Chapter 124 (C.G.S. § 8-1 et seq.) shall not apply.

The Board or Commission, as applicable, may hold a public hearing on the Certificate of Location Approval application and, if such hearing is to be held:

Shall cause a legal notice to be published in accordance with the requirements of § 118-8.10F of these Regulations; and

May require that the applicant give notice to nearby property owners in accordance with the requirements of § 118-8.10G of these Regulations.

The applicant may withdraw such Certificate of Location Approval Application at any time prior to action by the Board or Commission, as applicable.

The Commission, in reviewing an application subject to § 118-8.9A(2), may consider a Certificate of Location Approval Application simultaneously with an application for site plan and/or special permit, and may consolidate the public hearings for the applications.

Considerations. As an agent of the State of Connecticut, the Board and Commission serve solely to determine whether a Certificate of Location Approval should be issued based upon such considerations as:

Whether the use is permitted in the zoning district;

The suitability of the location in view of traffic, intersecting streets, width of highway, effect on public travel, and other conditions;

The relationship of the proposed use or operation with respect to schools, churches, theaters, play-houses or other places of public gathering;

Whether the proposed use of the location would imperil the safety and welfare of the public;

Whether the proposed use of the location would have a detrimental effect on the value of nearby properties or development thereof; or

Whether there has been a material change in conditions which might reverse a decision of granting or denying a previous application.

Action documentation.

Whenever it grants or denies a Motor Vehicle Location application, the Board or Commission, as applicable, shall state upon its records the reason for its decision.

Notice of the decision of the Board or Commission, as applicable, shall be sent by certified mail to the applicant within 15 days after such decision has been rendered.

Such notice shall:

State the name of the owner of record;

Contain a description of the premises to which it relates; and

State the reason why the application was approved or denied.

§ 118-8.10 Procedural requirements.

Application submittal requirements.

Applications to the Commission or Board shall be submitted to the Planning and Zoning Office.

Applications shall be submitted on forms obtained from the Planning and Zoning Office for the type of application being submitted.

Applications shall be accompanied by the appropriate fee(s), except that the Commission or the Town shall be exempt from any application fee.

Applications shall be submitted with such supporting plans, materials, and other information as required by these Regulations.

Applications shall be signed by the applicant.

Applications shall be signed by the owner of the property affected unless the application is for a text change or is a map change initiated by the Commission.

Date of receipt. For the purposes of calculating statutory timeframes for processing applications, the date of receipt of an application to the Commission or the Board shall be:

The day of the next regularly scheduled meeting of the Commission or the Board immediately following the day of submission of the application to the Planning and Zoning Office; or

Thirty-five days after submission, whichever is sooner.

Incomplete applications.

Each application shall be reviewed by the Planning and Zoning Office to determine whether the application is substantially complete.

An application requiring approval from the Commission or Board shall not be considered actually complete until all of the information as required by these Regulations, the Commission, or the Board has been received by the Commission or the Board at a regularly scheduled meeting.

An incomplete application or an application submitted without the requisite fee may be denied.

Sequence of hearings. Where a proposed development or activity requires multiple applications, the Commission or the Board may conduct any public hearings simultaneously or in the order they deem appropriate.

Consultations.

On any application, the Commission or Board may seek the advice and opinion of other officials, boards, or commissions to assist it in evaluating applications.

On any application, the Commission or Board may retain an architect, landscape architect, professional land use planner, or other consultant to review, comment, and guide its deliberations on any application.

The Planning and Zoning Official may make a preliminary determination of the need for such technical assistance to be provided by non-Town personnel following a review of the application with other Town staff, provided that such preliminary determination shall be subject to review by the Commission or the Board.

Prior to retaining an outside consultant, the Commission or the Board shall make findings that the nature and intensity of the development may have a significant impact on the Town of Bethel and that:

The Town staff will not be able to complete a technical review of the application in a timely fashion; or

That the project is of such a nature as to require expertise not available from staff.

The Planning and Zoning Official shall estimate the cost of such services based upon information received from qualified technical experts.

Upon determining the need for such technical assistance, the Commission or the Board shall require that the applicant:

Deposit funds with the Town for 150% of the estimated costs of any consulting review fees before review of the application by the Commission or the public hearing, if such hearing is necessary; or

Reimburse the Town for the cost of such consulting review.

Upon completion of the technical review and final action by the Commission on the application, the Commission shall determine the costs incurred for the review and refund excess funds (if any) to the applicant.

The applicant shall not be responsible for costs incurred for technical assistance that exceeds the amount deposited.

Notice by newspaper.

When a public hearing is required by these Regulations or scheduled by the Commission or Board, the Planning and Zoning Office shall cause notice of the hearing to be published in a newspaper having a substantial circulation in Bethel.

Such notice shall be published at least twice at intervals of not less than two days, the first not more than 15 days, nor less than 10 days, and the last not less than two days before the date of the hearing.

Notification to property owners.

When required by these Regulations, the applicant (other than the Commission which is exempt as per PA 06-80) shall notify owners of property within 100 feet of the subject property (including owners of all condominium units both on and adjacent to the subject property), whether inside or outside Bethel, of a pending application by mailing a notice at least 15 days prior to the first scheduled hearing.

At a minimum, such notice shall consist of:

A description of the proposed activity;

Notification of the date, time, and place of the first scheduled hearing; and

A copy of the application form submitted to the Commission or the Board.

Notices to such property owners shall be sent via "Certified United States Mail, Return Receipt Requested," except that where any property owner shall have listed with the Assessor an address outside the United States, the requisite notice shall be sent by International Express Mail or equivalent.

The most recent Assessor's records on file in the Bethel Assessor's Office shall be utilized to determine the owner of each property for the purpose of this mailing.

The applicant shall certify to the Planning and Zoning Commission 15 days prior to the public hearing that the required notices were mailed to all parties identified in § 118-8.10G(1).

Prior to the first scheduled hearing regarding the application, the applicant shall submit the following to the Planning and Zoning Office or the application shall be considered incomplete:

A copy of the complete package of information sent to abutters;

A list of the abutters to whom the notices were sent; and

Proof of mailing such as "Certificates of Mailing" issued by the United States Postal Service; and

Return receipts.

Notification to abutting municipalities.

In accordance with C.G.S. § 8-7d(f), the Commission or Board shall notify the clerk of an adjoining municipality of any application concerning any project on any site in which:

Any portion of the property affected by a decision is within 500 feet of the boundary of the adjoining municipality;

A significant portion of the traffic to the completed project shall use streets within the adjoining municipality to enter or exit the site;

A significant portion of the sewer or water drainage from the project shall flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or

Water runoff from the improved site shall impact streets or other municipal or private property within the adjoining municipality.

Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven days of the day of the submission to the Planning and Zoning Office of the application, petition, request or plan.

No hearing shall be conducted on any such application unless the adjoining municipality has received the notice required under this Section.

Such adjoining municipality may, through a representative, appear and be heard at any hearing on any such application, petition, request or plan.

Notification to water companies.

In accordance with C.G.S. § 8-3i, an applicant shall provide written notice to a water company and the Commissioner of Public Health when an application is filed with the Commission or Board concerning any project on any site that is within:

An aquifer protection area, provided such area has been delineated in accordance with C.G.S. § 22a-354c; or

The watershed of a water company, provided such water company or said commissioner has filed a map with the Commission or the Board and on the Bethel land records showing boundaries of the watershed.

Such notice shall be made by certified mail, return receipt requested, and shall be mailed not later than seven days after the date of the day of the submission to the Planning and Zoning Office.

Prior to the scheduled meeting regarding the application, the applicant shall submit the following to the Planning and Zoning Office or the application shall be considered incomplete:

A copy of the complete package of information; and

Proof of mailing.

Such water company and the Commissioner of Public Health may, through a representative, appear and be heard at any hearing on any such application, petition, request or plan.

Notification of deep.

If any portion of the property which is the subject of the application is located within a "shaded area" identified on the Natural Diversity Database maps for Bethel (https://portal.ct.gov/deep/nddb/natural-diversity-data-base-maps), the applicant shall notify the Connecticut Department of Environmental Protection (DEEP) of the pending project.

A report from DEEP shall be a required for any application for a site plan or a Zoning Permit and any such application submitted without a DEP report shall be considered incomplete (see § 118-8.10C).

Additional information is available at the following web address (valid as of June 2009): https://portal.ct.gov/deep/nddb/requests-for-nddb-environmental-reviews.

Beneficiaries of a trust. Any person who makes an application to the Commission or Board pertaining to real property, the record title to which is held by a trustee of any trust, shall file with said application a sworn statement disclosing the name(s) of the equitable owner (s) of such real property or the beneficiary(ies) of the trust.

Bonds.

Where a bond is required by any Section of these Regulations, it shall be in one of the following forms and the Zoning Enforcement Officer shall require evidence of compliance with the following standards before accepting any bond:

Cash deposited with the Town.

Certified bank check to the order of the Town when the amount of the check is fully insured by the FDIC.

Bank deposit (such as a passbook savings account) assigned irrevocably and solely to the Town when the amount of the deposit is fully insured by the FDIC.

Irrevocable letter of credit naming the Town as sole beneficiary, provided that:

Such letter of credit shall be issued by, and drafts thereunder presentable at, a branch of a bank in Connecticut, provided that:

Such bank is included in the most recent list issued by the Securities Valuation Office of the National Association of Insurance Commissioners (or any successor office or organization, "NAIC") as a bank meeting NAIC standards for issuing letters of credit for reinsurance purposes; or

The long-term unsecured debt of such bank (or the long-term unsecured debt of its holding company) is rated BBB or better by Standard & Poor's rating service or Baa or better by Moody's rating service.

The terms and conditions of such letter of credit shall be acceptable in form and substance to the Town; and

If and when such letter of credit shall, through the passage of time, have less than 30 days remaining until its expiration or lapse date, and such date shall not have been extended, the Town may draw under said letter of credit the full amount thereof and the proceeds may be retained by the Town as the bond.

Other form of bond (such as a performance bond) acceptable in form and substance to the Town.

Any required bond shall not be released by the Commission until:

The release has been requested, in writing, by the applicant;

The Town Engineer has submitted a letter stating that all required improvements have been satisfactorily completed and that all conditions and requirements of the Commission's approval have been satisfied; and

The applicant's engineer or surveyor has certified to the Commission, through submission of a set of detailed "Record" plans on mylar, that all improvements and other work are in accordance with submitted site plans.

Any cost of collecting a bond, including without limitation, attorney, bank and other collection fees and expenditures, shall be for account of the applicant and may be deducted from amounts released in § 118-8.10L(2).

Soil erosion and sediment control plan.

A Soil Erosion and Sediment Control Plan shall be submitted with or prior to any application for development requiring a Zoning Permit, Special Permit, or Site Plan when the disturbed area of any such development is more than 1/2 acre.

Upon receipt of an application for approval of a Soil Erosion and Sediment Control Plan, the Commission or its agent shall refer the plan to the Northwest Conservation District for action by delivering a copy of the plan to its office.

The Commission shall incorporate any action taken by the Northwest Conservation District on the Soil Erosion and Sediment Control Plan into its decision.

The Zoning Enforcement Officer shall issue a Soil Erosion and Sediment Control Permit for a plan conforming to the approval granted by the Commission.

§ 118-8.11 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 implementation of these uses.

Identified uses subject to moratorium.

Crematory facility.

Application.

No application for a Crematory Facility and no installation or creation of Crematory Facility shall be permitted in any zone within the Town of Bethel during the effective dates specified in § 118-8.11A(4).

Effective date and expiration.

The effective date of the moratorium on the application or creation of any Crematory Facility is the date of adoption of this regulation by the Zoning Commission together with the filing of the Amendment with the Town Clerk (beginning on May 12, 2015), expiring in one calendar year (ending on May 12, 2016).