Beacon Falls City Zoning Code

To lessen congestion in the streets;

To secure safety from fire, panic, flood and other dangers;

To promote health and the general welfare;

To provide adequate light and air;

To prevent the overcrowding of land;

To avoid undue concentration of population; and

To facilitate the provision for transportation, water, sewerage, schools, parks and other public requirements.

To make said lot or land nonconforming or more nonconforming to these regulations;

To make any use, building or other structure nonconforming or more nonconforming;

To reduce any setback, yard, open space or off-street parking and loading spaces less than is required by these regulations; or

To make any nonconforming setback, yard, open space or off-street parking and loading more nonconforming.

The use, occupancy, parking or storage of a trailer on any lot except in accordance with the provisions of Article 65.

The storage on any lot in a residence district of more than one unregistered motor vehicle.

Carousel, roller coaster, whirligig, merry-go-round, Ferris wheel or similar amusement device, unless sponsored by a local charitable or benevolent organization and located in a business or industrial district and then for a period not to exceed six days as a special exception in accordance with the provisions of Article 52.

The outdoor accumulation or storage of trash, rubbish, debris, building materials, two or more unregistered, used motor vehicles which are either no longer intended or in condition for legal use on the public highways, scrap metal, or parts of construction equipment.

The reduction, storage, dumping, or the maintenance of a facility for the reduction, storage, or dumping of refuse, garbage, or any other waste material.

Junkyards as set forth in § 380-9.2, and motor vehicle junkyards as defined by the Connecticut General Statutes. Pursuant to Connecticut General Statutes, this prohibition may not be overridden by the Planning and Zoning Commission in its administration of certificates of approval of location for motor vehicle junkyards.

The manufacturing or storage of explosives or gunpowder.

The manufacturing or storage or disposal of hazardous, toxic, nuclear or radioactive substances or agents.

The distilling of bones, fat or glue or the manufacturing of glue or gelatin.

The use of polychlorinated biphenyls or hydrocarbon mixtures containing polychlorinated biphenyls in concentrations greater than two parts per million, including the commercial storage thereof, other than its use in the manufacture or processing of other substances or mixtures.

The operation of a commercial waste disposal or waste processing area, including but not limited to the dumping, grinding, depositing, storing, incinerating or landfilling of solid waste, liquid waste, bulky waste, or processed or unprocessed trash or garbage.

The commercial operation of a resources recovery facility, recycling facility or recycling center as defined in the Connecticut General Statutes.

A trailer or mobile structure, whether supported on wheels, a foundation or otherwise, shall not be used as a part of any principal or accessory use, except as a temporary field office in connection with and only during the course of construction, and except as it may otherwise be specifically permitted by these regulations. A temporary permit for a construction trailer may be issued by the Zoning Enforcement Officer for a period not exceeding six months but may be renewed for successive periods of not more than three months each, at his discretion, if work on said construction is diligently progressing but not yet completed. An unoccupied parked trailer shall not be kept on a lot unless garaged or screened from view from the street and adjacent properties.

A cannabis retailer, cannabis hybrid retailer, cannabis delivery service and cannabis micro-cultivator as defined in Connecticut General Statutes (C.G.S.) § 21a-420.

Signs. Certain permitted signs, as specified in Article 63, may extend within lesser distances of a property or street line.

Projections. Pilasters, belt courses, sills, cornices, marquees, canopies, awnings, eaves and similar architectural features and open fire escapes may project into the area required for setback from a street line, property line or residence district boundary line for the distance specified in the district.

Additional setbacks. In any district, any portion of a building or other structure, which portion exceeds the height limit specified in the district, shall be set back from any street line, property line or residence district boundary line by two additional feet for each foot or fraction thereof by which such portion exceeds the height specified in the district.

Narrow streets. The required setback from a street line of a street having a width of less than 50 feet shall be increased by 1/2 of the difference between 50 feet and the actual width of the street.

Railroad. In business and industrial districts, no setback is required from the right-of-way line of a railroad.

Fences, walls and terraces. The required setback distances shall not apply to fences or walls six feet or less in height or to necessary retaining walls or to unroofed terraces, but no fence, wall or terrace shall be located within the right-of-way of any street.

Accessory buildings in residence districts. In residence districts, unattached accessory buildings or structures which are less than 20 feet in height and 400 square feet in floor area may be located in the required rear yard not less than 10 feet from any side or rear lot line. The term "accessory buildings or structures" shall include swimming pools.

Site plan. A site plan shall be drawn to a scale of not less than 50 feet to the inch and shall show all of the following information, both existing and proposed, as applicable to the particular application: property lines and lines delimiting the land to be used under the application; contours at an interval not exceeding two feet or equivalent ground elevations; buildings, structures, retaining walls, signs and outdoor illumination facilities; streets, driveways and off-street parking and loading spaces; outside storage areas and all paved areas; watercourses, ponds and wetlands; storm drainage and sewage disposal and water supply facilities; docks, wharves, and bulkheads; and landscaping (including trees and/or shrubs, lawn, other landscape features and natural terrain not to be disturbed). The site plan shall be prepared by a professional engineer, architect, land surveyor or landscape architect licensed to practice in the State of Connecticut and as required by law.

Architectural plans. Architectural plans shall include all proposed buildings, structures and signs proposed to be reconstructed, enlarged, extended, moved or structurally altered. Architectural plans may be in preliminary form but shall include exterior elevation drawings, generalized floor plans and perspective drawings, prepared, except for drawings for signs, by an architect or professional engineer licensed to practice in the State of Connecticut.

Erosion and sediment control plan. An erosion and sediment control plan drawn at the same scale as the site plan shall show all short-term and permanent erosion control measures to be provided. The erosion and sediment control plan shall be prepared by an engineer, architect or landscape architect licensed to practice in the State of Connecticut.

The accessory use shall be located on the same lot with the use to which it is accessory.

Accessory uses may include a boat landing and dock to accommodate no more than two boats.

Accessory uses may include off-street parking spaces and private garages, but except in connection with a farm or a special exception use, there shall be no more than one commercial vehicle parked on any lot, and such vehicle shall not exceed 1.5 tons' capacity.

No part of a lot located in any of the residence districts shall be used for access to a use not permitted in such district.

The person conducting the home occupation shall reside in the dwelling unit, and there shall be no more than two nonresident persons employed in connection with such occupation.

There shall be no evidence outside the dwelling, except permitted signs and required off-street parking, that the dwelling contains a home occupation.

The home occupation shall be confined to but one floor of the dwelling unit and not more than 25% of such floor shall be so used.

No finished consumer goods shall be acquired outside the dwelling unit for sale in connection with a home occupation within the dwelling unit.

Farms shall not include commercial piggeries, and there shall be no commercial slaughtering, fertilizer manufacturing or any commercial reduction of animal matter.

No livestock shall be kept on a lot of less than five acres and any building in which the livestock or poultry are kept shall not extend within less than 150 feet of any property or street line, except as follows:

No commercial greenhouse shall extend within less than 150 feet of any property or street line.

Each lot has access to an accepted, approved public street by means of an accessway, which accessway is part of said lot and serves only the subject lot not having the required minimum frontage for the district involved, and such accessway is not less than 20 feet in horizontal width in any location from the street to the point where said accessway joins the balance of said lot, except that one other lot having all necessary street frontage may utilize said accessway under an easement for ingress and egress.

The accessway has a cleared and graded travelway of not less than 16 feet in width and is to be constructed in accordance with the regulations set forth in Article 68 of the Beacon Falls Zoning Regulations. This shall include a graded base of at least eight inches and meeting Grade "B" gradation requirements as called for in the state's Specifications for Roads and Bridges, Form 814A, or as amended. Gradation tests shall be performed by the contractor or developer and submitted to the Town Engineer for review and approval prior to use.

Such interior lot shall conform to 1 1/2 times the minimum lot area requirement for the district involved, without including the area of such accessway. The accessway shall be that portion of the lot leading to the street which has less than one-half the required width for the district in which the lot is located.

The front yard and minimum depth for said lot shall not be measured from the street line but from a line parallel to or concentric with the street line and the least distance therefrom sufficient to make said line equal to the minimum width specified for the district involved; the minimum front yard setback shall be 1 1/2 times the minimum requirement for the district in which the lot is located (see typical rear lot illustration at the end of this section).

All utility lines, including but not limited to electric and telephone service, extending from the street line of such lot to the building site of said lot shall be installed underground.

There shall be no more than three such accessways installed and constructed adjacent to each other, and such three parallel accessways may utilize one common travelway, subject to cross-easements for ingress and egress. In such an instance where there are two or three such accessways utilizing said one travelway, said travelway shall, in the case of two accessways, be not less than 16 feet in width as set forth in Subsection B above; in the case of three accessways utilizing the one said travelway, then in that event the travelway shall be 22 feet in width, constructed in accordance with the provisions of Subsection B above. Except as set forth with said two adjacent accessways, there shall be a minimum of three street frontage lots, meeting the requirements for the particular zone in which the subject parcel(s) is/are located, as a buffer between any such interior lot accessway. In addition, parking of any vehicles shall not be permitted on the common travelway. In addition, said travelway, including all utilities, shall be constructed in its entirety before issuing building permits on said common travelway. Further, parking of any vehicles shall not be permitted on the common travelway.

The common travelway shall be constructed in its entirety with all utility lines (including but not limited to electric, telephone, cable, gas and water services) from the street line to the property line of each individual lot. This common travelway shall be completed by the developer prior to the issuing of any building permits.

No underground structures of any type shall be permitted under the travelway as defined in Subsections B and F. Should underground structures be required, the owner, at his/her own expense, shall submit a plan prepared by a licensed professional engineer to the Building Inspector/Town Engineer for review and approval prior to issuance of a permit. All underground structures shall be designed for HS 20 loadings.

The developer/landowner shall be required to submit a plan clearly demonstrating that, in addition to passenger vehicles, single-unit vehicles can travel said accessway throughout its entire length.

When the combined length of the common travelway, accessways and driveways exceeds 250 feet (measured along the center line), a turnaround area, with a turning radius of 35 feet, shall be provided at the terminus end of the driveway and at any point where the angle of the travelway, accessway or driveway exceeds 45°.

In an Industrial Park District, all outdoor lighting shall be directed so that the source of illumination is not visible beyond the property line.

All areas subject to vehicular or pedestrian traffic during the hours of darkness shall be lighted.

Maximum size. The floor area of the accessory dwelling unit may not exceed 1/3 of the gross floor area of the primary building or 1,000 square feet, whichever is less.

Accessory dwelling unit. Building or part of a building designed for occupancy by one family unit, maintaining a common household, with a separate kitchen for the exclusive use of that unit's occupant(s), a complete separate bathroom/toilet facility, and one separate means of egress and ingress to the exterior.[1]

Location of units. At least one side of each dwelling unit shall be located at or above grade. Each unit shall have separate exterior entrances. There shall be only one street number address for the dwelling structure and only one mailbox provided.

Utilities/adequacy. There shall be only one utility service per lot (i.e., electrical, water, sewer, natural gas, bottled gas) provided for both units. Certification shall be required from the Naugatuck Valley Health District that the sewage disposal system and/or potable water supply is adequate to serve both the principal and accessory dwelling units.

Parking. Sufficient off-street parking shall be provided for a minimum of three vehicles.

Minimum lot size and yard requirements. Accessory dwelling units shall be located only in structures which are in conformity with minimum area and dimensional requirements of the zoning district within which they are located.

The structure(s) which contains the principal and accessory unit (combined) shall meet all applicable setback, height, and bulk requirements.

Short-term rentals or vacation home. An accessory dwelling unit shall not be occupied or utilized for either a vacation home and/or short-term rental.

The owner of the property that contains both the principal dwelling unit with accessory dwelling unit shall register the existence of said accessory dwelling unit with the Northwest Connecticut Public Safety (NWCTPS) Primary 911 Public Safety Answering Point. It is the responsibility of such owner to reregister such inhabited ADU each year with the NWCTPS to maintain zoning compliance.

Accessory/in-law apartments which were built prior to the adoption of this regulation, but for which permits were issued, may be certified upon inspection by the Zoning Enforcement Officer and the Building Inspector, provided they are deemed safe and in compliance with the basic conditions of these regulations.

Inspection; required information.

The Building Inspector and Zoning Enforcement Officer shall require a Class A-2 survey map as defined by the Connecticut Association of Land Surveyors, Inc., depicting all setbacks and areas in conformity with these regulations. This map shall be on sheet size of multiples of 8.5 inches by 11 inches, but no larger than 24 inches by 36 inches. Said Zoning Enforcement Officer and Building Inspector shall require this map to be filed when:

All Class A-2 survey maps are required to be submitted in accordance with Subsection B. The above shall contain the following information:

In the case of rear additions, side additions, upper-level additions, front porches, above-ground and in-ground swimming pools, tennis courts or signs in/on residential structures, the Class A-2 survey requirement may be waived upon written approval by both the Zoning Enforcement Officer and the Building Inspector, provided the following conditions are met (in no event may the front setback requirement be waived):

Farms and farming operations as a primary use. Farms and farming operations as a primary use of a property shall conform to the standards set in Part 1, § 380-8.8.

Definitions. As used in this section, the following terms shall have the meanings indicated:

General application requirements.

Specific poultry requirements.

Specific livestock requirements.

General accessory residential poultry and/or livestock use requirements.

That no such nonconforming use shall be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of the Zoning Regulations, unless specifically allowed by other provisions in these regulations.

That no such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of these regulations.

That if such nonconforming use of land, or any portion thereof, ceases for any reason for any continuous period of more than one year or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of these regulations.

A structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use.

Such nonconforming structure shall not be structurally altered or reconstructed unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming structure in sound condition shall be permitted.

A nonconforming use may be extended throughout any parts of the structure which were manifestly arranged or designed for such use at the time of the adoption of these regulations, provided this extension was made within one year of the date of such adoption.

A nonconforming use or structure may be changed to a conforming use or changed to a use less nonconforming than its present use.

If any nonconforming use of a structure ceases for any reason for a continuous period of more than one year or is changed to a conforming use, or if the structure in which such use is conducted or maintained is moved for any distance whatsoever, for any reason, then any future use of such structure shall be in conformity with the standards specified by the zoning regulation for the district in which such structure is located.

If any structure in which any nonconforming uses are conducted or maintained is removed, the subsequent use of the land on which such structure was located, and the subsequent use of any structure thereon, shall be in conformity with the standards specified by the zoning regulations for the district in which such land or structure is located.

The use, building or other structure shall conform to all other requirements of these regulations, except that residential uses or structures located in any zone may be expanded or enlarged, provided any building expansion complies with all requirements of the R-1 Zone and the number of dwelling units does not increase.

If the parcel fails to meet the area requirements of these regulations, the owner of the parcel shall not also be the owner of contiguous land which, in combination with such parcel that fails to conform, would make a parcel that conforms, or more nearly conforms, to the area requirements of these regulations pertaining to lots.

A building or structure containing a residential use and located in any zone may be maintained or repaired, including the making of structural alterations. Such buildings or structures may be demolished and replaced by a new building or structure, provided any expansion of said building or structure does not violate any requirements of the R-1 Zone, and if such building or structure is located on a site, it shall conform to all requirements of the R-1 Zone.