Bethel City Zoning Code
ARTICLE I
Introduction
§ 118-1.1 Authority.
These Regulations are adopted under the authority of Chapter 124 of the General Statutes of the State of Connecticut, as amended.
§ 118-1.2 Purposes.
These Regulations are adopted for the purposes of:
A.
Guiding the future growth and development of Bethel in accordance with the Plan of Conservation and Development.
B.
Providing adequate light, air and privacy; securing safety from fire and other danger; and preventing overcrowding of the land and undue concentration of population.
C.
Protecting and conserving the value of land and buildings appropriate to the various zones established by these Regulations and throughout Bethel.
D.
Bringing about the gradual conformity of the uses of land and buildings to the comprehensive zoning plan set forth in these Regulations and minimizing conflicts among the uses of the land and buildings.
E.
Promoting the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the Town, having particular regard for the avoidance of congestion in the streets and the provision of safe and convenient vehicular and pedestrian circulation appropriate to the various uses of land and buildings throughout the Town.
F.
Controlling development to an amount commensurate with the capacity of the land and the availability and capacity of public facilities and services, thereby facilitating adequate provision for vehicular and pedestrian circulation, water, sewerage, schools, parks and other public requirements.
G.
Conserving and protecting the natural resources of the Town, especially groundwater and drinking water, in recognition of their importance to the health, safety and general welfare of Bethel and its larger environs.
H.
Assuring that proper provision is made for sedimentation control and the control of erosion caused by wind or water for any project for which a permit is required or sought from the Town.
I.
Encouraging the development of housing opportunities, including opportunities for multi-family dwellings, consistent with soil types, terrain and infrastructure capacity, which will promote housing choice and economic diversity in housing, including housing for both low- and moderate-income households, and encouraging the development of housing which will meet identified housing needs.
J.
Encouraging and promoting agriculture and farming activities.
§ 118-1.3 Zoning districts.
A.
Districts and boundaries.
(1)
To accomplish the purposes of these Regulations, the Town of Bethel is divided into different zoning districts as listed in these Regulations.
(2)
The boundaries of zoning districts shall be as shown on the official Zoning Map, as may be amended, which is on file in the office of the Town Clerk. A copy of said map shall be on display in the Planning and Zoning Office during normal office hours.
(3)
The Zoning Map, including any amendments, is hereby made a part of these Regulations.
(4)
Land lying under any lake, pond or stream or in a swamp shall be restricted by the zoning for the zone in which it lies.
B.
Boundary interpretation. If not clearly delineated on the Zoning Map, zone district boundaries shall be construed in the following sequence:
(1)
Following the center line of a street or railroad.
(2)
Following property lines, such being lines of record at the time of adoption of these Regulations or relevant amendments hereto.
(3)
Where zone boundaries are set back from street lines, they shall be considered running generally parallel thereto, at distances shown on the map.
(4)
Following the center line of a right-of-way or easement.
(5)
Following the lines of a particular geophysical feature including brooks, streams, floodplains, or steep slopes.
(6)
In case of any remaining uncertainty regarding zone boundaries on the Zoning Map, the zone boundary shall be determined by the Commission.
§ 118-1.4 Interpretation.
A.
General.
(1)
Should any doubt exist as to the meaning of any provision of these Regulations, the decision and interpretation of the Planning and Zoning Commission shall prevail.
(2)
To assist in the uniform application of the regulations in future cases, a written record of all interpretations rendered by the Commission, or decided by the courts, shall be maintained by the Zoning Enforcement Officer.
B.
Prohibited if not permitted.
(1)
Any principal use of land, buildings or structures not expressly permitted by these Regulations in a particular zoning district is prohibited in that district.
(2)
Any activity not expressly permitted in the Regulations is prohibited.
(3)
For a principal use permitted by these Regulations, accessory uses which are customarily incidental and are actually subordinate thereto are permitted.
(4)
In the event of uncertainty as to whether a use or activity is permitted, the Commission shall be responsible for interpreting these Regulations.
C.
Minimum requirements. In their interpretation and application, the provisions of these Regulations shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare, unless the context clearly indicates that such provision is intended to be a maximum limitation.
D.
In the event of conflict:
(1)
Even though a use or activity may comply with the provisions of these Regulations, such compliance shall not release the owner from complying with other local, state, or federal regulations.
(2)
Where any conflict arises between the provisions of these Regulations and any other law, ordinance, easement, covenant, rule, regulation, or permit, the provision that imposes the highest standard or establishes the greatest restriction upon the use of land, buildings or structures shall control.
§ 118-1.5 Conformity.
A.
Conformity required. Except as may be otherwise provided in these Regulations (such as for a lawfully existing nonconforming lot or similar circumstance):
(1)
No building, structure or land shall be used or occupied except in conformity with these Regulations for the zone in which the land, building, or structure is located.
(2)
No building or other structure or part thereof shall be erected, moved, replaced, reconstructed, extended, enlarged, or altered except in conformity with these Regulations for the zone in which the building, structure, or land is located.
(3)
No land shall be sold or divided in a manner which results in a use of all or a part thereof ceasing to conform to these Regulations.
(4)
No land shall be sold or divided in a manner which results in a dimensional or any other standard that does not conform to the requirements of these Regulations.
(5)
No lot shall be diminished in area except in conformity with the provisions of these Regulations.
(6)
No yard, setback, or other minimum requirement shall be reduced except in conformity with the provisions of these Regulations.
(7)
No height, building coverage, or other maximum requirement shall be increased except in conformity with the provisions of these Regulations.
B.
Exception. Nothing in these Regulations shall require any change in the plans, construction or designated use of a building for which a building permit has been issued in accordance with regulations which were in effect on the date the permit was applied for.