Beacon Falls City Zoning Code
PART 6
Town-Wide Requirements
§ 380-61.1 General.
The use of land, buildings and other structures, wherever located, shall be established and conducted so as to conform to performance standards hereinafter specified. The performance standards establish certain nuisance factors which if committed or exceeded in the use of land, buildings and other structures will be detrimental to the use, enjoyment and value of other land, buildings and structures, will be detrimental to the public health, safety and welfare and will be contrary to the comprehensive plan of zoning. No application for a certificate of zoning compliance shall be approved by the Commission and no certificate of zoning compliance shall be issued by the Commission until the Commission has made a determination that the proposed use of land, buildings and structures will be established and conducted in accordance with the performance standards and with the standards stated in other relevant Town, state and federal codes, ordinances or regulations, whichever is the more restrictive. The performance standards hereinafter specified shall be of continuing application.
§ 380-61.2 Smoke, gases and fumes.
No dust, dirt, fly ash, smoke, gas or fumes shall be emitted into the air from any lot so as to endanger the public health and safety, to impair safety on or the value and reasonable use of any other lot, or to constitute a critical source of air pollution.
§ 380-61.3 Noise.
With the exception of time signals and noise necessarily involved in the construction or demolition of buildings and other structures, no noise shall be transmitted outside the lot where it originates when noise has a decibel level, octave band, intermittence and/or beat frequency which endangers the public health and safety or impairs safety on or the value and reasonable use of any other lot.
§ 380-61.4 Vibration.
With the exception of vibration necessarily involved in the construction or demolition of buildings, no vibration shall be transmitted outside the lot where it originates.
§ 380-61.5 Odors.
No offensive odors shall be emitted into the air from any lot so as to impair the value and reasonable use of any other lot, excluding agricultural fertilizers.
§ 380-61.6 Glare and heat.
No light shall be transmitted outside the lot where it originates so as to endanger the public health or safety, including the public safety on any street or highway, or to impair the value and reasonable use of any other lot.
§ 380-61.7 Refuse and pollution.
No refuse or other waste materials shall be dumped on any lot except with the approval of the Director of Health of the Town of Beacon Falls. No refuse or other waste materials and no liquids shall be dumped on any lot or dumped or discharged into any river, stream, estuary, watercourse, storm drain, pond, lake, swamp or marsh so as to constitute a source of water pollution. In no instance may the discharge of hazardous substances to air, ground or water exceed the allowable limits established and administered by the State of Connecticut Department of Energy and Environmental Protection, by the State Health Code, and by any applicable Town code or ordinance.
§ 380-61.8 Danger.
No material which is dangerous due to explosion, extreme fire hazard or radioactivity shall be used, stored, manufactured, processed or assembled except in accordance with applicable codes, ordinances and regulations of the Town, State of Connecticut and federal government. All storage and transfer of permitted hazardous substances shall be in properly insulated and protected containers, or enclosures, designed to prevent discharges to ground or water and approved for safety and reliability by each Town official exercising jurisdiction, such as Building Inspector, Sanitarian and Fire Marshal.
§ 380-61.9 Radio interference.
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 radiation and interference.
§ 380-61.10 Blasting guidelines.
A.
Preblast survey.
(1)
Perform photographic or video surveys of all residential and commercial buildings near the site. Document current conditions. Determine foundation types and presence of special structural or mechanical conditions.
(2)
Submit to the Planning and Zoning Commission, Fire Marshal, Town Engineer, and any other duly authorized agent of the Commission a test blast plan, including locations of blasts and monitoring stations.
B.
General blasting requirements.
(1)
All test blasts and production blasts shall be controlled. "Controlled blasting" is blasting for excavation of rock in which the various elements of the blast (hole size, depth, spacing, burden, charge size, distribution, delay sequence) are carefully balanced and controlled to provide a distribution of charge that will excavate the rock to the required contours with as uniform a surface as possible to minimize overbreak, stressing, and fracturing of the rock beyond the contour line.
(2)
Comply with all applicable local, state and federal regulations on explosives and blasting.
(3)
Limit blasting to between 8:00 a.m. and 4:30 p.m. Monday through Friday. Further, no blasting shall occur during hours that school buses are in operation.
(5)
Before firing off any blast, cover the rock to be blasted with suitable metal or rubber matting or other equally serviceable material to prevent flying debris. Earth cover of sufficient thickness and suitable composition, whether natural overburden or placed, may be used instead of matting, provided the blast is controlled and modified to prevent flying material.
(6)
Submit reports of each blast. Reports shall include, as a minimum, the following:
(a)
Date, exact firing time and limits of blast, by station.
(b)
Name of person in responsible charge; blasting permit number.
(c)
Unusual joint or seam conditions encountered in the rock.
(d)
Type and strength of explosives, blasting caps, and distribution of delay periods used.
(e)
Total explosive loadings per round and per group of delays; stemming, matting or cover used.
(f)
Prevailing weather conditions, including direction and approximate velocity of wind, atmospheric temperature, relative humidity and cloud conditions at the time of blast.
(g)
Comments by blaster in charge regarding any misfires, unusual results or effects.
(h)
An evaluation of the blast indicating areas of significant overbreak or underbreaking and any recommended adjustments for the next blast.
(i)
Signature and title of person making record entries.
(7)
Notify the Commission of all reported complaints, property damage, and injuries. The blasting contractor shall investigate all reports of blasting related property damage and personal injuries promptly, and shall submit a written report on each occurrence to the Commission.
(8)
Suspension of operations.
(a)
Suspend the blasting operation if complaints of property damage are registered, injuries occur or the following limits are exceeded:
[1]
Peak particle velocity of 0.5 ips for frequencies under 40 hertz at existing structures.
[2]
Peak particle velocity of 2.0 ips for frequencies over 40 hertz at existing structures.
[3]
Overpressure of 0.014 psi at property lines.
[4]
Peak particle velocity of 10.0 ips beyond the property lines of the parcel upon which blasting is being performed or 2.0 ips at boundaries of Industrial Park.
(b)
Blasting may be resumed after complaints and injuries are investigated if complaints are unsubstantiated, or injuries are unrelated to the blasting operation, or if the blasting operation is appropriately modified to prevent additional injuries or further complaints from the same source.
(9)
Explosives.
(a)
Take special precautions as to the care and manipulation of dynamite during freezing weather.
(b)
Store explosives on the site during blasting hours in approved magazines. Do not store caps and exploders in the same magazine with dynamite and other explosives.
(c)
Truck all explosives to the site at the start of each workday. Remove surplus explosives from the site at the close of each day. Do not transport caps and other exploders in the same transport vehicle with dynamite and other explosives. The locations of parking for explosives trucks are subject to the approval of the Commission.
(d)
Do not remove a larger quantity of explosives from the magazine to the site of the work than will be actually required for immediate use. Return any excess to the magazine as soon as the loading of the working face is completed. Do not leave blasting materials in the holes for extended periods of time.
(10)
Limit blast hole depth to 30 feet or less.
C.
Test blast.
(1)
Perform a series of test blasts to estimate a scaled distance factor for the site. The initial test blast powder load shall not exceed 40 pounds per delay. Vibrations shall be monitored at four stations per blast. The powder load shall be maintained for at least three blasts before determining if it can be raised. Vibration records shall be submitted to the Commission for review. The Commission shall determine if the powder load can be increased.
(2)
Limit the powder factor on the initial test blasts to 1.0 pound per cubic yard. The Commission will review blast data to determine whether the powder factor should be modified.
D.
Production blasting.
(1)
Submit to the Commission and the Town Engineer a detailed blasting plan, including a schedule description and location of vibration monitoring locations, types of blasting, delay charts and hole sizes and patterns for review.
(2)
Monitor all production blasts. Place monitoring equipment at critical locations and submit photocopies of all monitor printouts to the Commission on a daily basis.
E.
Post-blast survey.
(1)
Submit to the Commission a post-blast photographic or video survey documenting damage or changes to property which occurred on adjacent sites since the time of the preblast survey.
(2)
Upon completion of the blasting, a post-blasting certification that all blasting has been performed in conformity with the guidelines and all other applicable regulations will be submitted to the Planning and Zoning Commission within 30 days of completion of the blasting.
§ 380-62.1 General.
A.
Parking and loading spaces shall be provided off the street for any use of land, buildings or other structures in accordance with the standards hereinafter specified. Off-street parking and loading spaces required by this article shall be permanently maintained and made available for occupancy in connection with and for the full duration of the use of land, buildings and other structures for which such spaces are herein required. All off-street parking and loading spaces hereafter established, whether required by this article or not, shall conform to the standards of § 380-62.7.
B.
Existing uses. Any use already existing shall conform to these standards to the extent that it conforms at the time of adoption of this article. If any existing use of land, building or other structure is changed to a use requiring additional off-street parking and loading spaces to comply with this article, the additional spaces shall be provided for the new use in accordance with the standards hereinafter specified. Any existing use which does not conform to the standards of this article shall not be changed to a use which would need additional off-street parking and loading spaces to comply with the standards herein unless off-street parking and loading spaces are provided for such new use as required by this article.
§ 380-62.2 Dimensions.
For the purpose of this article, one parking space shall constitute an area with such shape, vertical clearance, access and slope as to accommodate one automobile having an overall length of 20 feet and shall contain an area of 180 square feet; one loading space shall constitute an area 12 feet in width and 30 feet in length with a vertical clearance of 15 feet with such shape, access and slope as to accommodate one truck having an overall length of 30 feet.
§ 380-62.3 Parking spaces.
Off-street parking spaces shall be provided in such number and location specified as follows:
A.
Dwellings (and rented rooms): two spaces for each family or dwelling unit, plus one space for each bed in the rented room for tourists or roomers, and located on the same lot with the dwelling.
B.
Professional office (in a dwelling unit): four spaces, and located on the same lot with the dwelling.
C.
Auditorium (churches, places of worship, theaters, assembly halls or stadiums): one space for each five seats, and located on a lot not more than 300 feet in a direct line from the building; if the building is located in a residence district, such parking spaces shall be located on the same lot with the building.
D.
Undertaker: one space for each five seats, and located on the same lot with the building.
E.
Stores and offices (retail stores, business and professional offices, post offices, financial institutions and medical and dental clinics): one space for each 150 square feet of ground floor area of the building and each 300 square feet of upper floor area, and located on a lot not more than 300 feet in a direct line from the building.
F.
Restaurants (and other establishments serving food or beverages): one space for each 50 square feet of patron floor area, and located on the same lot with the building.
G.
Bowling alleys: four spaces for each alley, and located on the same lot with the building.
H.
Hospitals and motels (and hotels, convalescent homes and sanataria): one space for each bed for patients or guests, plus one space for each three employees, and located on the same lot with the building.
I.
Service stations (and automobile repair garages): 10 spaces, and located on the same lot with the building.
J.
Commercial and industrial (including warehouses, wholesale businesses, trucking terminals, research laboratories and establishments for the manufacture, processing or assembling of goods): one space for each 1.5 employees during the largest daily work shift period, and located on a lot not more than 500 feet in a direct line from the building.
K.
Indoor commercial recreation: one parking space for each 500 square feet of gross building area in an existing building or new multiple-use building. The Commission may modify the requirements depending on the size of the facility, the anticipated type and intensity of the use, the proximity to other building tenants, and additional safety concerns.
[Added 6-20-2024, effective 8-8-2024]
L.
Other uses: sufficient off-street parking spaces, as approved by resolution of the Commission, shall be provided in connection with any use not specified in Subsections A through K to accommodate the vehicles of all persons occupying the premises so that the purpose and intent of this article is maintained.
[Amended 6-20-2024, effective 8-8-2024]
§ 380-62.4 Multiple uses.
Where separate parts of a building are used for purposes for which there are different numbers of parking spaces required in § 380-62.3, the number of spaces required shall be determined by adding the number of spaces required for each separate use. When two or more classifications provided in said section are applicable to a use of land, buildings or other structures, the classification requiring the larger number of spaces shall apply.
§ 380-62.5 Joint use of parking space.
The owners of two or more separate premises may establish a joint parking area to provide the total number of required parking spaces.
§ 380-62.6 Loading service.
A.
Each building or structure, other than a dwelling, having a gross floor area in excess of 4,000 square feet shall be provided with one off-street loading space on the same lot with the building for each 40,000 square feet of gross floor or fraction thereof, excluding basements.
B.
In an Industrial Park District, off-street loading spaces shall be located to the rear or side of the building and shall be effectively screened so that they are not visible from any property line or street line.
C.
In both the Industrial District No. 1 and Industrial Park District, truck loading space areas must be designed such that all trucks are capable of completing their turning movements and loading and unloading operations without backing from or into the street, and must also be set back a minimum of 50 feet from any residential district boundary line.
§ 380-62.7 Standards.
All off-street parking and loading spaces shall be designed and constructed in accordance with the following standards:
A.
Design. Except for parking spaces provided in connection with a dwelling, each parking space shall be provided with adequate area for approach, turning and exit of an automobile having an overall length of 20 feet without need to use any part of a public street right-of-way. Points of entrance and exit for driveways onto the street shall be located so as to minimize hazards to pedestrian and vehicular traffic in the street. No off-street loading space and no truck loading bay, ramp or dock shall be designed or arranged in a manner that trucks must use any part of a public street right-of-way for maneuvering, or for loading and unloading.
B.
Construction. All off-street parking and loading spaces shall be suitably improved, graded, stabilized and maintained so as to cause no nuisance or danger from dust or from stormwater flow onto the public street. Except for necessary driveway entrances, and except for parking spaces provided in connection with a dwelling, all off-street parking and loading spaces located within 10 feet of any public street right-of-way shall be separated from such right-of-way by a curb, a fence or wall or an embankment in such manner that cars will not overhang the right-of-way. In an Industrial Park District, all off-street parking, loading spaces and driveways shall be constructed with a surface course of bituminous concrete. Machine-formed bituminous concrete curbs shall be constructed along the edge of all parking and driveway pavement.
C.
Landscaping. Any parking area accommodating 30 or more cars in connection with a use of land, buildings or other structures for which approval of a site plan or special exception is required under these regulations shall be provided with not less than one tree for each 30 cars in the parking area, and suitably located in landscaped islands within or border strips adjacent to the parking area so as to enhance the appearance of the premises. Trees shall be of a species approved by the Planning and Zoning Commission, shall be suitably planted and maintained and shall be not less than two inches' caliper and 10 feet in height.
[Amended 2-15-2024]
D.
Parking of camp trailers, motor homes, campers, boat trailers and utility trailers.
(1)
Parking of registered camp trailers, motor homes, campers, boat trailers and utility trailers owned only by members of the immediate household will be permitted in residential areas in rear and side yard areas, with said owners taking all necessary steps to screen said trailer, motor home, or camper from sight of abutting roads and neighboring properties wherever possible.
(2)
Parking of registered camp trailers, motor homes, campers, boat trailers, and utility trailers shall not be permitted in either commercial or industrial zones. Parking of any unregistered camp trailers, motor homes, campers, boat trailers, and utility trailers shall not be permitted in any zone within the Town of Beacon Falls.
E.
Driveways. In Industrial District No. 1 and Industrial Park District, the width of all driveways and the radii of all driveway and street intersections shall be adequate to permit normal turning by the largest anticipated vehicle without encroachment on an opposing directional lane or without resorting to wide turns or hazardous maneuvers.
F.
Front yard. In Industrial District No. 1 and Industrial Park District, no more than 30% of the area required for a front yard shall be used for off-street parking and driveways.
§ 380-63.1 General.
Unless otherwise provided in this article, no sign shall be established, constructed, reconstructed, enlarged, extended, moved or structurally altered until an application for a certificate of zoning compliance therefor has been approved by the Commission. It is the purpose and intent of this article to accommodate the establishment of signs necessary for identification, direction and reasonable commercial promotion while avoiding signs of a character, as well as a proliferation and extension of signs, that would be detrimental to the public health and safety, property values, and the appearance and beauty of the community. All signs shall conform to the provisions hereinafter specified and to any additional conditions or limitations that may be imposed by the Commission in connection with the approval of a site plan or special exception.
§ 380-63.2 Definition.
The term "sign" shall include every sign, billboard, illustration, insignia, lettering, picture, display, banner, pennant, flag or other device, however made, displayed, painted, supported or attached, intended for use for the purpose of advertisement, identification, publicity or notice, when visible from any street or from any lot other than the lot on which the sign is located and either located out-of doors or located indoors and intended to be viewed from outside the building. The term "sign," however, shall not include any flag, pennant or insignia of any governmental unit or nonprofit organization, any traffic or directional sign located within the right-of-way of a street when authorized by the Town of Beacon Falls or State of Connecticut nor any illustrations, insignia or lettering which is an integral and permanent part of the architecture of a building approved under a site plan or special exception.
§ 380-63.3 Standards for all districts.
Signs in all districts shall conform to the following standards:
A.
Purpose.
(1)
All signs, except as hereinafter provided, shall advertise, identify or give publicity or notice only with respect to a use of land, buildings or other structures actually in being on the lot where the sign is located. When such use shall have been discontinued for a continuous period of six months, all signs pertaining thereto shall be removed or otherwise eliminated.
(2)
Exception. Notwithstanding the provisions of Subsection A(1), an existing commercial enterprise may establish two directional signs on another lot or lots, provided that such directional signs are no longer than 48 inches nor wider than eight inches, are painted white with the name only of the enterprise painted in black, are located in a business or industrial district and are not located within the right-of-way of any street.
B.
Location. No sign shall be located within or hang over the right-of-way of any street, except that a sign attached to the wall of a building may project 15 inches into such right-of-way.
C.
Projecting and hanging signs. No sign shall project over or hang over any sidewalk, driveway, walkway, roadway or accessway, except that signs attached to the wall of a building may thus project not more than 15 inches therefrom, provided that such projection does not occur within 10 feet vertical clearance of the ground.
D.
Obstruction. No sign shall be located or maintained so as to be a hazard to traffic or pedestrians, to obstruct any door, window, ventilation system or fire escape or exit, or to cause any other hazard to the public health or safety.
E.
Light and motion. No flashing signs and no revolving, waving or other moving signs are permitted.
§ 380-63.4 Standards for residence districts.
In addition to the standards specified in § 380-63.3, all signs in residence districts shall conform to the following standards:
A.
Purpose.
(1)
The following signs are permitted, and no other:
(a)
On any lot, one identification sign not exceeding three square feet in area, giving only the name of the premises and/or of the occupant, or announcing a home occupation or professional office on the premises.
(b)
On a lot where the premises is for sale or for rent, one real estate sign not exceeding 12 square feet in area and not referring to any other premises.
(c)
On a tract of land for which a subdivision map has been approved by the Commission, one real estate sign not exceeding 32 square feet in area for a period of one year, subject to renewal annually and only during the development of the tract.
(d)
Building contractors' and designers' signs pertaining to buildings under construction; the total area of such signs shall not exceed 32 square feet, and such sign shall be removed within 30 days of completion of the project.
(e)
On any lot containing a farm or related activity or a special exception use, one sign not exceeding 16 square feet in area.
(f)
Private warning and traffic signs, with no advertising thereon, each not exceeding two square feet in area.
B.
Location and height. Signs permitted under Subsection A(1)(c), (d) and (e) shall not extend within less than 10 feet of any property line or street line; other signs may extend to the property line or street line. No signs shall be located on any roof and no sign attached to a building shall project above the top of the wall of the building. Signs attached to buildings may project into the area required for setback, provided that the sign does not project more than 15 inches from the wall of the building. No sign attached to the ground shall exceed a height of eight feet.
§ 380-63.5 Standards for other districts.
Signs permitted under § 380-63.4 are permitted in all other districts. In addition to the standards specified in § 380-63.3, all signs in the business districts and industrial district shall conform to the following standards:
A.
Setbacks. Except as hereinafter provided, signs shall observe all setbacks required for buildings and other structures, but signs attached to buildings may project into the area required for setbacks, provided that the sign does not project more than 15 inches from the wall of the building.
B.
Business districts.
(1)
On any lot, one sign attached to the ground is permitted, and such sign shall not exceed 50 square feet in area nor a height of 20 feet, but may extend to within 10 feet of a street line, except that any such sign may be increased in area by 20 square feet for each full 100 feet of frontage of the lot on a state highway in excess of 200 feet, provided that the total area of such sign shall not exceed 150 square feet;
(2)
Signs attached to buildings shall not extend above the top of the wall of the building but may, in the case of buildings having a pitched roof, extend not more than three feet above the top of the wall;
(3)
Signs attached to buildings shall not project more than 15 inches from the wall of the building, except that signs not exceeding 24 square feet in area may project up to eight feet from such wall, provided that there is a clearance of not less than 10 feet from the ground level to the sign; and
(4)
Signs attached to one wall of a building, including projecting signs, may have a total area of as much as 20% of the area of such wall measured to a height of 12 feet above ground level, but signs attached to any other wall shall not exceed either 5% of the area of such other wall measured to a height of 12 feet above ground level or 40 square feet, whichever is less, and shall give only the name of the enterprise or occupant of the premises.
C.
Industrial district.
(1)
On any lot, one sign attached to the ground is permitted, and such sign shall not exceed 100 square feet in area nor a height of 10 feet;
(2)
Signs attached to buildings shall not extend above the top of the wall of the building but may, in the case of buildings having a pitched roof, extend not more than three feet above the top of the wall;
(3)
Signs attached to buildings shall not project more than 15 inches from the wall of the building, except that signs not exceeding 12 square feet in area may project up to four feet from such wall, provided that there is a clearance of not less than 10 feet from the ground level to the sign; and
(4)
Signs shall be attached to only one wall of a building, and the total area of signs, including projecting signs, shall not exceed 10% of the area of such wall measured to a height of 12 feet above ground level.
§ 380-63.6 Measurements.
Any sign may be double-facing, and when a sign is attached to the ground, only one face shall be counted in determining conformity with sign area limitations. All dimensions for signs shall be based on measurements to the outside edge of the sign, excluding any structure necessary to support the sign. The area of any sign shall be the entire area encompassed by the perimeter of the sign, which perimeter shall be the polygon formed by connecting all the outermost edges of points of the sign.
§ 380-63.7 Special events.
Notwithstanding the provisions of this article, the Commission may, upon written application made to it and by resolution, authorize the establishment of temporary signs, for periods not exceeding 30 consecutive days, for the purpose of announcing special events and for the purpose of allowing candidates for public office to conduct a political campaign.
§ 380-64.1 General provisions.
No earth, including loam, sand, gravel, clay, peat or quarry stone, shall be excavated and removed from any lot, nor shall any lot be filled, in any residential zone, except as authorized under § 380-64.2.
A.
No earth or earth products, including loam, sand, gravel, clay, peat or quarry stone, shall be excavated and removed from any lot, nor shall any lot be filled, in any business or industrial or industrial park district, except as authorized under § 380-64.2.
B.
All earth products excavation operations which were established in Industrial District No. 1 or in any Industrial Park District prior to September 22, 1988, shall be nonconforming uses and shall be subject to the requirements of §§ 380-64.3 through 380-64.10, inclusive. Any earth products excavation operation in any residential zone is subject to the requirements of §§ 380-64.3 through 380-64.10 until such use can be terminated by legal means.
C.
All earth products processing operations are prohibited in all districts. All accessory processing operations in Industrial District No. 1 or in any Industrial Park District for earth products excavated in the Town of Beacon Falls which were established prior to September 22, 1988, shall be nonconforming uses and shall be subject to the requirements of § 380-64.11. Any earth products processing operation in any residential zone is subject to the requirements of § 380-64.11 until such use can be terminated by legal means.
§ 380-64.2 Exemptions.
The provisions of this article and the requirements to obtain a permit shall not apply to the following cases:
A.
Necessary excavation and removal, or grading or dumping, of earth in direct connection with the lawful construction, on the lot, of buildings, foundations, roads, driveways, parking areas, storm drainage, utility services, fences, walls, swimming pools or other bona fide construction projects, and for which any required application for a certificate of zoning compliance has been approved;
B.
Necessary excavation and/or removal, but not for sale, or grading or dumping of earth, in connection with a bona fide farm, truck garden, forestry or livestock- and poultry-keeping use for which a zoning permit or a certificate of zoning compliance have been issued by the Zoning Enforcement Officer, involving the movement of no more than 1,000 cubic yards of earthen material in any one calendar year. In the event that removal of earthen materials from any of the above-referenced uses shall require removal off the subject premises, then said movement shall not exceed 20 workdays in total duration within a forty-day period. Any party who fits within this exemption will be required to register with the Zoning Enforcement Officer of his/her intention to commence any work which falls within this exemption;
[Amended 4-3-1991]
C.
Excavation and removal, or grading or dumping, of less than 100 cubic yards of material on any lot in any calendar year;
D.
Provided that the excavation and removal, or grading or dumping, authorized under Subsections A and B shall be deemed to permit the excavation and removal, or grading and dumping, of only the quantity of material which is necessary to make the lot more suitable for the proposed use, and provided further that excavation, grading or removal authorized under Subsections A and B in connection with a project for which an application for a certificate of zoning compliance has been approved shall be contingent upon completion of such project within two years of commencement, and in the event of failure to complete such project, as evidenced by failure to obtain a certificate of zoning compliance for such project, then such excavation and removal, or grading and dumping, shall be deemed a violation of these regulations unless a permit therefor has been secured from the Commission in accordance with this article.
§ 380-64.3 Application.
Application for a permit under this article shall be submitted, in writing, to the Zoning Enforcement Officer and to the Commission. No application for a permit shall be granted for a parcel of land of less than two acres. The Commission shall have the power to restrict the working area of any operation and require a phased development of any operation. All applications shall be accompanied by the following:
A.
Statement. A written statement specifying the hours and days of the week when the operation is to be conducted and estimating the number and kind of trucks and other equipment to be used.
B.
Maps and plans. Four copies of maps and plans prepared by a professional engineer licensed to practice in the State of Connecticut, showing all of the following information as applicable to the particular application:
(1)
Property lines and streets adjoining the lot and the names of owners of property adjoining the lot;
(2)
The location and exterior limits of the area to be excavated, graded or filled;
(3)
Existing contour lines on the lot, drawn to a scale of not less than 100 feet to the inch and with a contour interval not exceeding five feet;
(4)
Proposed contour lines within the area to be excavated, graded or filled, drawn to a scale of not less than 100 feet to the inch and with a contour interval not exceeding five feet;
(5)
Existing and proposed drainage on the lot and existing rivers, streams, watercourses, ponds, swamps and tidal wetlands on or within 200 feet of the lot;
(6)
Proposed vehicular access to the lot and any proposed work roadways;
(7)
The location on the lot of any wooded areas, rock outcrops and existing and proposed buildings, structures and processing equipment; and
(8)
An estimate of the number of cubic yards of material to be excavated, graded or dumped.
C.
Other. The Planning and Zoning Commission may require the submission of such additional information that it deems necessary in order to decide on the application.
[Amended 2-15-2024]
§ 380-64.4 Procedure.
Upon receipt, the Zoning Enforcement Officer shall transmit the application and accompany maps, plans and documents to the Commission. Within 65 days after receipt of a completed application meeting the requirements of § 380-64.3, the Commission shall hold a public hearing on the application (see Chapter 203, Article II, for fees). Notice of the public hearing shall be published in a newspaper having a substantial circulation in the Town 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 public hearing. After the public hearing, the Commission shall approve, modify and approve or disapprove the application. The applicant may consent, in writing, to any extension of the time of public hearing and action on the application. The grounds for disapproval of an application shall be stated in the records of the Commission. Failure to submit additional information requested by the Commission under § 380-64.3C, within the period for action on the application, shall be grounds for disapproval of the application.
§ 380-64.5 Approval.
After the public hearing, the Commission may grant the application to permit the excavation and removal, or grading or dumping, if it shall find that the following standards and conditions will be met:
A.
The excavation, grading or removal shall be carried out in accordance with the maps and plans as approved by the Commission and within the exterior limits shown thereon.
B.
The excavation, grading or removal shall not result in sharp declivities, pits or depressions or soil erosion, drainage or sewerage problems or conditions which would impair the reasonable reuse and development of the lot for purposes permitted under these regulations in the district where the lot is located.
C.
At all stages of the work, proper drainage shall be provided to avoid stagnant water, soil erosion problems, excessive runoff, silting of streams and damage to public property, streets or drainage facilities.
D.
Truck access to the lot and the work area shall be so arranged as to minimize traffic hazards on streets and to avoid nuisance to residents of the neighborhood.
E.
No excavation and removal, or grading which is below the elevation of any abutting street or property line shall occur within 100 feet of such line, except that excavation and removal or grading within such distance and below the elevation of an abutting property line may be permitted as a special exception by the Beacon Falls Planning and Zoning Commission.
(1)
The Commission may permit, by special exception, that the excavation and/or grading setback be reduced to 50 feet from a property line which abuts a residential district, if it finds that the reduction in setback will not result in adverse impacts upon the residential properties and will promote the most efficient use of property.
(2)
The Commission may permit, by special exception, the excavation and/or regrading setback to be reduced to 25 feet from a property line which abuts an Industrial or Industrial Park District, if it finds that the reduction will not result in adverse impacts and will promote the most efficient use of property.
(3)
The Commission may permit, by special exception, the excavation and/or regrading setback to be eliminated when excavation is done in conjunction with an approved excavation and/or regrading of the adjacent properties, in accordance with a comprehensive plan for the regrading and/or development of all the parcels.
F.
No building or other structure shall be erected on the lot except as may be otherwise permitted in the district or as approved by the Commission, as a temporary shelter for equipment and field office.
H.
Proper measures shall be taken to minimize nuisance from noise, dust, vibration and flying debris; all trucks shall be covered; suitable fences or other barricades shall be provided around the excavation to protect pedestrians and vehicles; roads, which have been damaged as a result of the applicant's operations, shall be repaired by the applicant;
I.
Upon completion of the work authorized, the area of excavated or otherwise disturbed ground shall be prepared or restored as follows:
(1)
Such area shall be evenly graded to a slope to be less than two feet of horizontal distance for each one foot of rise or lesser slopes necessary for soil stability and reasonable reuse and development of the lot, except that the interior slope of detention basins shall have a slope no less than three feet of horizontal distance for each one foot of rise. All areas shall be evenly graded to provide for adequate drainage and not create stagnant or ponded water. Finished slopes in rock cuts shall be no greater than six feet of vertical rise for every one foot of horizontal distance when approved by the Town Engineer and/or the Commission;
(2)
Adequate drain ways of gradual slope shall be provided to assure drainage;
(3)
There shall be no excavation, grading or removal below an elevation of six feet above any ledge;
(4)
All debris and all loose boulders shall be buried or removed from the lot; and
(5)
The top layer of any arable soil, to a depth of not less than six inches, shall be retained on the lot and spread over the entire disturbed area with any large stones removed, and the area shall then be seeded with a perennial grass and maintained until the ground shall be completely stabilized with dense cover of grass and there exists no danger of erosion, but this provision shall not apply to the area of ponds nor the exposed areas of ledge existing prior to the work.
J.
The applicant shall file with the Commission a cash, savings account or surety bond, in form acceptable to the Commission, in such amount as the Commission deems sufficient to ensure the faithful performance of the work in accordance with the provisions of this article, and in this connection the applicant shall submit to the Commission a report prepared by a professional engineer certified and licensed under the laws of the State of Connecticut as to the amount of the bond which will be necessary to ensure the faithful performance of the work in accordance with the provisions of these regulations. Said report shall be reviewed and approved or disapproved by the Commission.
K.
The Commission and Zoning Enforcement Officer, or their authorized agents, shall at all times have reasonable access to the lot for the purpose of inspection and determination of compliance with this article; the Commission may require the applicant to submit periodic reports, prepared by and bearing the seal of a land surveyor or engineer, showing the status and progress of the work.
§ 380-64.6 Time limit.
Each application granted under this article shall be valid for a period of one year or for such shorter period as may be requested by the applicant or fixed by the Commission; the Commission may by resolution renew the permit annually when the applicant presents copies of the approved maps and plans, prepared by and bearing the seal of a professional engineer or land surveyor, showing that the excavation and removal, or grading or dumping, of earth is progressing as approved.
§ 380-64.7 Existing operations.
All existing operations which were established prior to the effective date of these regulations may continue as they are for a period of one year from such effective date, after which time they shall be subject to all requirements of this article.
A.
All existing operations which have an overall approval from the Commission on the effective date of these regulations or any amendment thereto shall be allowed to complete all operations in accordance with the overall approval within a period of one year of such effective date.
B.
Failure to apply for a permit under this article shall operate to terminate a nonconforming use.
§ 380-64.8 Return of bond.
Upon completion of the operation in accordance with the terms of a permit and after any area of the lot required to be seeded has grown in a second growing season a dense cover of grass as required under this article, the applicant may apply to the Commission for return of the bond filed as provided in this article, and if the Commission is satisfied that the work has been completed as required, the bond shall be returned to the applicant, but otherwise the bond shall remain in full force and effect. In this connection, the Commission will require that the applicant submit a report to it prepared by a professional engineer licensed and authorized by the State of Connecticut to certify that the excavated area has been reclaimed in accordance with all of the provisions of these regulations.
§ 380-64.9 Insurance.
No permit shall be issued until the applicant has filed with the Commission a certificate evidencing that the applicant has obtained a policy of liability insurance, in which the Town of Beacon Falls shall be named insured, with a limit of not less than $300,000 as to personal injury, including a death, and $100,000 as to property damage, covering all operations to be conducted pursuant to the permit. In the event of cancellation of such insurance, the permit shall terminate.
§ 380-64.10 Staking.
The applicant shall stake or otherwise make provisions for permanent markers at all corners of the permit area with secondary staking or other acceptable identification marker 100 feet inside the permit area in order to maintain the 100-foot setback as required.
§ 380-64.11 Earth products processing.
After September 22, 1988, all commercial screening, sifting, washing, crushing or other processing of earth products in all zones is prohibited, and the use of any land in any zone for such processing of earth products is prohibited. Any earth products processing facility which is located in any industrial or industrial park zone and which constitutes a valid prior nonconforming use, and any earth products processing facility in a residential zone, until such use can be terminated, is subject to the following requirements for issuance of a permit to operate:
A.
No earth products shall be screened, sifted, washed, crushed, or otherwise processed except as authorized by a permit granted by the Commission under this section. Issuance of a permit to any processing facility located in a residential zone does not constitute recognition that such use is a valid nonconforming use.
B.
Application. Application for a permit under this section shall be submitted annually, in writing, to the Zoning Enforcement Officer and to the Commission. All applications shall be accompanied by a written statement specifying the hours and days of the week when the operation is to be conducted, the number, type and capacity of trucks and other equipment to be used, and proposed vehicular access to the lot. The Commission may request the submission of such additional information as it deems necessary in order to decide upon the application. Duration of a permit shall be one year. Failure to apply for a permit under this section shall terminate a nonconforming use.
D.
Procedure.
(1)
Upon receipt, the Zoning Enforcement Officer shall transmit the application and accompanying statement to the Commission. Within 65 days of receipt of a completed application and statement meeting the requirements of Subsection B, the Commission shall hold a public hearing on the application. Notice of the public hearing shall be published at least twice in a newspaper having a substantial circulation in the Town of Beacon Falls, Connecticut, 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 public hearing. After the public hearing, the Commission shall approve or disapprove the application.
(2)
The applicant may consent, in writing, to any extension of the time of public hearing and acting on the application. The grounds for disapproval of an application shall be stated in the records of the Commission. Failure to submit additional information requested by the Commission under Subsection B within the period for action on the application shall be grounds for disapproval of the application.
E.
Approval. After the public hearing, the Commission may grant the application to permit the processing of earth products if it finds that the following standards and conditions will be met:
(1)
At all times, proper drainage shall be provided to avoid stagnant water, soil erosion problems, excessive runoff, silting of streams and damage to public property, street or drainage facilities.
(2)
Truck access to the lot and the work area shall be arranged so as to minimize traffic hazards on streets and to avoid nuisance to residents of the neighborhood.
(3)
Proper measures shall be taken to minimize nuisance from noise, dust, vibration and flying debris; all trucks shall be covered; suitable fences or other barricades shall be provided to protect pedestrians and vehicles; and roads which have been damaged as a result of the applicant's operations shall be repaired by the applicant.
(4)
The Commission and the Zoning Enforcement Officer, or their authorized agents, shall at all times have reasonable access to the lot for the purpose of inspection and determination of compliance with this section.
(6)
After September 1, 1990, no earth products excavated outside the Town of Beacon Falls, Connecticut, shall be screened, sifted, washed, crushed or otherwise processed at any earth products processing facility or site in the Town of Beacon Falls, Connecticut, provided that stockpiles of earth products excavated outside of the Town of Beacon Falls, Connecticut, which are in existence as of September 1, 1990, must be entirely processed as of September 1, 1991.
§ 380-64.12 Severability.
§ 380-65.1 General requirements.
The use of mobile homes for human occupancy is permitted only in a mobile home park in the Business District. All mobile homes in a mobile home park, as provided in § 380-31.2, must be connected to a central water system and sanitary sewer system in accordance with state and local ordinances, and shall be approved, in writing, by the Health Officer of the Town.
§ 380-65.2 Definitions.
For the purpose of this article, certain words shall have the following meanings:
The Tax Collector of the Town of Beacon Falls, Connecticut.
The appointed Health Officer of the Town of Beacon Falls, Connecticut, or his deputy.
Any person licensed hereunder to operate and maintain a mobile home park.
A unit which is equipped with running water, bath facilities, flush toilet and appropriate sanitary connections.
Privately owned land upon which two or more mobile homes are or are intended to be parked and occupied as dwellings.
Includes individuals, partnerships, corporations, owners, lessees, licensees, and the agents of each of them.
A trailer or camping vehicle used for six months or less as a temporary residence.
§ 380-65.3 Permitted uses.
An occupied recreational vehicle shall be permitted in a mobile home park for a period not to exceed six months in any year. A mobile home park may be permitted in a Business District, as provided in § 380-31.2, subject to the requirements hereinafter set forth and to site plan approval by the Commission as stated in Article 51.
§ 380-65.4 Application for certificate of zoning compliance.
An application for a certificate of zoning compliance shall be made, in writing, to the Commission and shall contain the following information:
A.
Name and address of the applicant and the name and address of the real party in interest, if other than the applicant or his authorized agent.
B.
A plot plan made by a licensed land surveyor registered in the State of Connecticut under seal showing the site of the mobile home park, roads, location, size, shape and identification number of the mobile home lots, location of sanitary provisions, and name of abutting property owners within 500 feet according to the Land Records of the Town of Beacon Falls. All final plans or maps shall be of overall size, not larger than 25 inches by 36 inches, including border. They shall be drawn or traced on a good quality of white drawing paper mounted on muslin or on a good quality of tracing cloth on a scale of not more than 100 feet to the inch. The tracings or drawings shall be made of waterproof black india ink. Four blueprints or other type of copies must accompany the white drawing.
C.
Proof of ownership, option or valid lease.
§ 380-65.5 Park requirements.
Each mobile home park and extension thereof shall meet the following requirements:
A.
The mobile home park and each mobile home therein must be connected to a public water supply system and to a sanitary sewer system, as required by § 380-65.1.
B.
The park shall be located on a site graded to ensure drainage of surface and subsurface water, sewerage and freedom from stagnant pools.
C.
A minimum of 3,000 square feet shall be provided for each mobile home lot.
D.
Each mobile home lot shall be defined by permanent corner stakes and shall be provided with a permanent marker displaying the lot number corresponding with the approved plot plan.
E.
All mobile home lots shall abut on a roadway of not less than 30 feet in width.
F.
All roads within the park shall be well-drained, provided with bituminous surface and maintained in good condition.
G.
Each mobile home park shall be appropriately landscaped and screened from adjoining property by a fifteen-foot buffer zone and maintained by the owner of the mobile home park.
H.
Free vehicular passage shall be provided and maintained from a public highway to each mobile home site. A parking space for a least one passenger car per mobile home site shall be provided and located so as to permit free movement of vehicles to each other mobile home and parking space. A parking space for each car shall not be less than five feet from the mobile home it serves, not less than 15 feet from each other mobile home or permanent building, and not less than 50 feet from a street line or 40 feet from a sideline or rear property line.
§ 380-65.6 Map and certificate to be filed.
Upon completion of all the requirements of these regulations, and before issuance of a certificate of zoning compliance, the owner shall file with the Town Clerk a map showing all physical installations as built, together with a certificate from the Health Officer showing compliance with the sanitary requirements of these regulations.
§ 380-65.7 Operation and maintenance of park.
The owner of a mobile home park shall be responsible for the operations and the maintenance of the park in accordance with these regulations:
A.
He shall provide all the required utilities and facilities. He shall provide metal containers with covers for refuse and waste materials, and shall dispose of all garbage and refuse in accordance with local ordinances.
B.
He shall keep and maintain a register, written in the English language, available at all times to federal, state and local authorities having jurisdiction. Such records shall be kept available for the three last consecutive years of occupancy and shall contain for each site:
§ 380-65.8 Emergency use.
Notwithstanding the provisions of this article, a mobile home may be permitted in any district for a period of up to one year in cases of extenuating circumstances such as request to live in the mobile home, which the resident[1] is being repaired or rebuilt after fire or other casualty. Where said mobile home is to be occupied, its sanitary facilities must have written approval of the Director of Health of the Town of Beacon Falls at the time of approval by the Commission, and it may be occupied by only one family, at least one member of which shall be either the owner of the lot or related by blood, marriage or legal adoption to the owner of lot. Additional restrictions may be made a part of the conditions of approval by the Commission.
[1]
Editor's Note: So in original.
§ 380-66.1 Location of structures used for sale of alcoholic beverages.
No structure shall be used, erected or expanded for the sale of alcoholic beverages if the center of any entrance of the portion of said structure which is used for the sale of alcoholic beverages is situated within a 500-foot radius of any other parcel of land which is used for a public or private school, a public park, place of worship, charitable institution, a hospital or library.
§ 380-67.1 Location.
No structure shall be used, erected or expanded as a garage for more than five motor vehicles, a gasoline filling station, or a motor vehicle service station if the center of any entrance of the portion of said structure which is used for any of the purposes set forth in this section is situated within a 500-foot radius of any other parcel of land which is used for a public or private school, a public park, place of worship, charitable institution, a hospital or library.
§ 380-68.1 Permit required.
A.
No person shall construct a new driveway or relocate an existing driveway leading onto a proposed street or existing street without first obtaining a permit from the Board of Selectmen or its duly appointed representative. This appointed representative shall be the Building Inspector and shall inspect each driveway location for which a permit is being sought or issued.
B.
In determining the advisability of issuing such permit, the Building Inspector shall include in his consideration the location of the driveway with respect to its effect on highway drainage, highway safety, the width and character of the highway affected, the density of traffic thereon and the character of such traffic. The applicant must be the owner or authorized agent for the owner of the property to whom the permit is issued, and shall comply with the provisions and restrictions set forth at the owner's expense.
§ 380-68.2 General conditions.
A.
The applicant is the owner of the property, or the contractor for the owner, and the driveway approach by him/her is for the purpose of securing access to his/her property and not for parking or servicing vehicles on the highway right-of-way.
B.
Highway drainage or existing flow within the right-of-way shall not be changed or obstructed. The Building Inspector shall confer with the Town Engineer and Wetlands Enforcement Officer on all drainage installations, modifications or alterations. Should it be required, the applicant (at his/her expense) shall provide plans and details defining desired installation, modification or alteration. Said plan may be required to be prepared by a licensed professional engineer as determined by the Building Inspector and Town Engineer.
C.
The construction of any driveway requiring the performance of a regulated activity, as defined by the Inland Wetlands and Watercourses Commission, on public or private land shall be approved by said Commission prior to issuance of a driveway permit.
[Amended 2-15-2024]
D.
The driveway constructed within the right-of-way under permit shall be subject to inspection by the Town. The right is reserved by the Town to require such changes, additions and relocations as in the opinion of the Town may be necessary for relocation, reconstruction or maintenance to provide protection to life and property.
E.
No driveway constructed on the right-of-way shall be relocated or altered without a permit.
F.
The applicant agrees to hold the Town harmless against any action for personal injury or property damages during the construction of said driveway.
G.
Construction of a parking area on the highway right-of-way is prohibited.
H.
Applicants for large, complex commercial or industrial driveways shall submit plans prepared by a licensed professional engineer for approval with special consideration as to size, location, type, grade and traffic control system. Each location will be determined on its own merits. The plan will be submitted for review and approval by the Building Inspector and the Town Engineer.
I.
The Building Inspector shall have the right to vary or modify the above conditions when in his/her opinion a hardship or injustice would result in any particular case if strict compliance with said provisions was required.
§ 380-68.3 Technical conditions.
A.
The driveway shall be confined between the lines drawn from the front corners of the applicant's property to the center line of the road. The intersection of these lines to the center line shall be a right angles to each other.
B.
No driveway shall be so constructed such that any part of same shall be less than five feet from the extended common boundary or from adjoining property.
C.
The minimum overall width of a driveway shall be 10 feet, with an additional cleared area of three feet on each side of the driveway. This width and additional cleared area shall have a minimum vertical clearance of 15 feet throughout the entire driveway length. The entire width shall be level and at the same grade as the driveway area. Any obstructions, including but not limited to fences, gates, stone or brick walls, or pillars, shall allow for a sixteen-foot clearance horizontally and a fifteen-foot clearance vertically for the full length of the driveway.
D.
The driveway shall be constructed to Beacon Falls Driveway Standard on file in the Town Hall.
E.
If the desired driveway is in a fill area from the road, the area between the edge of the road and the property line shall have side slopes of a minimum of six to one.
F.
All driveways shall be paved from the edge of roadway pavement to the property line or a minimum of 10 feet, with at least two inches of bituminous concrete for a single residential driveway and at least three inches of bituminous concrete for all other driveways. All costs to be borne by the owner.
G.
For any driveway, or guide railing installation which requires the removal of a portion of the highway safety cable or guide railing, the applicant shall provide and have installed end anchors on each side of the driveway, at his/her expense. The modification of all cable and guide railing, including the installation of end anchors, shall be subject to review and approval by the Town Engineer prior to performing such activity.
H.
No driveway aprons are to be installed with an overlap on or over the Town road. The two pavement edges are to be cut and blended together so as to obtain a smooth junction with no protrusions.
I.
All asphalt aprons are to be installed to channel water runoff to the downhill side or nearest drainage system to prevent water spillage into the street.
J.
No underground structures of any type shall be permitted under the driveway as defined in § 380-68.3C. Should underground structures be required, the owner 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. This shall be at his/her expense. All underground structures shall be designed for HS 20 loadings.
K.
Maximum grade to be 12%.
L.
The underlying subsoil and surface materials of the driveway shall, at a minimum, be firmly compacted for the full width of the driveway, and be capable of supporting all vehicles that may have need to use said driveway (i.e., automobiles, delivery trucks, emergency vehicles and equipment, etc.).
M.
Sight distance for all driveways in either direction shall be provided at a minimum of 188 feet. The sight distances shall be measured in from the edge of pavement of the roadway a distance of 10 feet, at a height of 3 1/2 feet proposed ground level.
N.
All driveways shall meet the roadway at a right (ninety-degree) angle or as close to a right angle as possible as dictated by the other requirements of this article and the requirements of public safety and, in any case, not less than 60°.
§ 380-68.4 Administrative conditions.
A.
The applicant will give the Building Inspector at least 72 hours' notice before installation of any driveway to facilitate his inspection.
C.
The following statement shall be included as part of the as-built requirements, under Article 8, Additional Standards: "The construction of improvements as shown on the plan, including all structures and driveways, is to be in accordance with the Planning and Zoning Regulations and Driveway Regulations of the Town of Beacon Falls in effect at the time of submission of the as-built plan."
D.
Paved asphalt aprons are to be installed within 90 days of the issuance of a driveway permit, or paved asphalt aprons are to be installed prior to the issuance of a certificate of occupancy for a new house under construction or within 30 days of asphalt plant spring opening, when applicable.