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Bethel City Zoning Code

ARTICLE III

Residence R Zones

§ 118-3.1 Purposes.

A. 
The various residential districts are intended to provide suitable areas for residential use and development appropriate to the environmental characteristics of the land and the character of the neighborhood.
B. 
The differentiation among the residential districts is intended to provide for variety in the size and density of residential neighborhoods and a diversity of housing opportunities after consideration of soil types, terrain, and infrastructure capacity.
C. 
The residential districts may allow for certain non-residential uses when it can be demonstrated that they are compatible with nearby residential uses and preserve neighborhood character and property values.

§ 118-3.2 Principal uses and structures.

A. 
Permitted without permit.
(1) 
Undeveloped land. Vacant land retained in a natural and undeveloped condition without structures of any kind.
(2) 
Conservation/recreation. Open space, or other conservation or recreation areas retained in a natural and undeveloped condition without structures of any kind.
(3) 
Agricultural uses. Farming, forestry or horticulture.
B. 
Permitted by zoning permit.
(1) 
Residential: a single-family dwelling, one per lot.
(2) 
Residential: a two-family building, one per lot, only in the RR-10 Zone.
(3) 
Residential: a community residence, provided that such facility is located at least 1,000 feet from any other community residence or child-care residential facility.
(4) 
Residential: a child-care residential facility, provided that such facility is located at least 1,000 feet from any other community residence or child-care residential facility.
(5) 
Agricultural buildings: barns, silos, sheds, and other buildings associated with a farming use.
C. 
Permitted by special permit.
(1) 
Unless exempted herein or modified by the Commission, all special permit uses shall be separated from adjacent residential uses on all sides and front by a screen or a landscaped buffer.
Residential-Type Uses.
(2) 
Rear lot: a rear lot in an R-40 Zone or an R-80 Zone (buffer per § 118-3.2C(1) not automatically required), provided that:
(a) 
Such lot shall contain at least double the minimum lot area requirement of the zoning district, exclusive of any accessway area.
(b) 
Such lot shall meet the lot width requirements but shall only be required to have a lot frontage of 25 feet for the accessway.
(c) 
Such lot shall be connected to a public or private roadway by a continuous, contiguous strip of land (an accessway) at least 25 feet wide.
(d) 
Such accessway shall be part of the lot and shall be owned in fee simple by the owner of the lot.
(e) 
Such accessway shall be located between any two other lots provided each other lot complies with the minimum lot frontage requirement.
(f) 
Such accessway shall be paved a minimum of 12 feet in width and shall not exceed a grade of 12%.
(3) 
Residential: a community residence if such use is located within 1,000 feet of any other community residence or child-care residential facility (buffer per § 118-3.2C(1) not automatically required).
(4) 
Residential: a child-care residential facility if such use is located within 1,000 feet of any other community residence or child-care residential facility (buffer per § 118-3.2C(1) not automatically required).
(5) 
Mobile home: a mobile home when used as a one-family dwelling and located on a lot containing at least twice the area required for a single-family dwelling in that zone (buffer per § 118-3.2C(1) not automatically required).
(6) 
Elderly housing: in the R-10 Zone, an apartment housing complex for elderly persons in accordance with § 118-3.6A of these Regulations.
(7) 
Conservation subdivision: in the R-40 Zone and the R-80, a conservation subdivision in accordance with Section 3.08 of the Subdivision Regulations (buffer per § 118-3.2C(1) not automatically required).
Club-Type Uses.
(8) 
Clubs and organizations: clubs and other organizations providing social, cultural, and recreational uses serving a community need or convenience and not including and activity carried on primarily for profit.
(9) 
Recreation club: a private golf, tennis or swim club, provided that:
(a) 
It is located on a plot of not less than five acres.
(b) 
No structure is located within 75 feet of any street line or within 100 feet of any property line.
(c) 
No activity is carried on which results in objectionable noise audible off the premises.
Community/Institutional-Type Uses.
(10) 
Religious institution: religious institutions when located on and served by a collector or arterial road as identified in the Plan of Conservation and Development.
(11) 
Religious residential facility: a housing facility, such as a convent or monastery, for persons affiliated with a religious institution.
(12) 
Philanthropic or eleemosynary institutions: institutions of philanthropic or eleemosynary organizations serving a significant community need.
(13) 
Health care facility: a nursing or convalescent home.
(14) 
Private educational facility, private school: elementary and/or secondary school, not providing residential accommodations; may include administrative office, when located on and served by a collector or arterial road as identified in the Plan of Conservation and Development.
(15) 
Cemetery: a cemetery established and operated by an ecclesiastical society or cemetery association located in the Town of Bethel or a governmental unit.
(16) 
Parking: parking of vehicles for a church, parish house and school, shall not be enclosed, and provided that all portions of said use shall comply with all specifications for maintenance hereinafter required for off-street parking space.
(17) 
Other institutional facilities: a private library, a museum operated by a nonprofit corporation.
(18) 
Day care: a day care center, provided that:
(a) 
The facility is located on and accessed from a collector or arterial road as identified in the Plan of Conservation and Development.
(b) 
The facility is licensed by the State of Connecticut.
(c) 
The applicant must submit a site plan which demonstrates, to the reasonable satisfaction of the Commission:
[1] 
A safe and adequate means of ingress and egress to and from the facility.
[2] 
Adequate on-site parking for any employees.
Government Facility-Type Uses.
(19) 
Municipal facilities: facilities of the Town of Bethel such as Town hall, school, fire station, police station, Town highway facility, community center building (which shall have no outdoor public address system or any type of outdoor amplified music device).
(20) 
Public recreation facility: public park and public playground or public recreational facility operated by a governmental unit (including exterior lighting); need not be enclosed.
(21) 
Other government facilities: such as a post office, a public library, or similar government facility.
Animal-Related Uses.
(22) 
Animal care facility: a pet day-care facility or a pet boarding facility, provided that:
(a) 
The facility is limited to feline and canine animals.
(b) 
All buildings and runs are located more than 50 feet from any property line.
(c) 
The Commission may limit the number of animals allowed as part of the Special Permit.
(23) 
Animal medical facility: in the R-80 Zone, an animal hospital and/or veterinarian office, provided that:
(a) 
All buildings are located more than 50 feet from any property line.
(b) 
There shall be no outside runs.
(24) 
Equestrian facility: the boarding, training and raising of horses or other animals of the equine family for a fee, operation of a riding academy, renting of saddle horses, and such animals in accordance with § 118-6.11 of these Regulations.
Other Uses.
(25) 
Nurseries: nurseries and sale of produce and plants raised predominantly on the premises (Commission shall approve areas for outside display).
(26) 
Electrical substation: electrical substation, provided that, if transformers are exposed, there shall be:
(a) 
An enclosing fence or wall at least six feet high adequate to obstruct noise and passage of persons or materials.
(b) 
A surrounding landscaped buffer or screen.
(27) 
Telephone exchange: a telephone exchange without shops, garage or general administrative offices.
(28) 
Other utility facility: other utility facilities such as a gas regulator station, a high-tension transmission line (over 1.5 kilowatts), a utility pumping station, a utility, generating, storage or transmission structure.
(29) 
Railroad: any railway right-of-way and tracks existing on the date this regulation became effective, but not including railway yards, maintenance or fueling facilities; need not be enclosed.

§ 118-3.3 Accessory uses and structures.

A. 
General limitations.
(1) 
Where a principal use is allowed by special permit, a special permit shall also be required for an accessory use.
(2) 
No accessory building shall be used as a dwelling unit or for residential occupancy unless specifically permitted by these Regulations and approved by the Commission.
(3) 
No accessory building shall be used commercial purposes unless specifically permitted by these Regulations and approved by the Commission.
(4) 
No accessory structure shall be located within a front yard unless authorized by the Commission through granting of a Special Permit.
B. 
Permitted without permit.
(1) 
Customary uses. Accessory uses and structures (such as a swing set, child play structure, dog house or a bird bath) customarily and reasonably incidental to a permitted principal use on the same premises.
(2) 
Outside parking: in accordance with § 118-6.2I of these Regulations.
(3) 
Home-based business: a home-based business in accordance with § 118-3.6B of these Regulations when indicated as permitted without a permit.
(4) 
Keeping of animals: the keeping of animals in accordance with § 118-6.11 of these Regulations when indicated as permitted without a permit.
(5) 
Day care: family day-care home, except in the RR-10 Zone, provided that:
(a) 
The facility is licensed by the State of Connecticut.
(b) 
The licensed care provider resides in the dwelling.
(c) 
Not more than one employee in addition to the care provider is permitted.
C. 
Permitted by zoning permit.
(1) 
Garage: an attached or detached garage accessory to a residence for the use of the occupants of the premises, provided that:
(a) 
The garage space shall not be for more than three motor vehicles on any lot with one additional motor vehicle allowed for each 5,000 square feet by which the lot exceeds 20,000 square feet.
(b) 
One space in a private garage on each lot may be used for storage of a commercial vehicle of not more than 1 1/2 ton capacity as measured by the difference between the light weight and gross weight as indicated on the motor vehicle registration.
(c) 
Space in a private garage may be rented to persons not resident on the premises for storage of noncommercial vehicles only.
(d) 
In a detached garage, any area above the first floor shall only be used for storage.
(e) 
Relevant provisions of § 118-6.2G are complied with.
(2) 
Home-based business: a home-based business in accordance with § 118-3.6B of these Regulations when indicated as permitted with issuance of a Zoning Permit.
(3) 
Keeping of animals: the keeping of animals in accordance with § 118-6.11 of these Regulations when indicated as permitted with issuance of a Zoning Permit.
(4) 
Tag sale: a tag sale, provided that:
(a) 
Not more than one tag sale shall be conducted per property in any calendar year.
(b) 
Such tag sale shall not be conducted for more than three consecutive calendar days.
(c) 
A maximum of six signs may be placed.
(d) 
All signs shall be removed within 24 hours of the end of the sale.
(5) 
Greenhouse: greenhouses and shade houses, provided that:
(a) 
The parcel shall contain at least three acres of land.
(b) 
No more than a total of four greenhouses and shade houses, each containing 1,000 square feet or less, shall be permitted.
(c) 
No such structure shall be located less than 100 feet from any property line.
(d) 
Such greenhouses and shade houses shall be required to meet the requirements of § 118-3.4.
(6) 
Agricultural uses. Sale of agricultural products and other agricultural uses when in accordance with § 118-3.6E of these Regulations.
(7) 
Other accessory buildings: sheds, barns, and other buildings and structures subordinate and customarily incidental to a permitted use.
(8) 
Accessory apartment: an accessory apartment in accordance with § 118-3.6C of these Regulations.
D. 
Permitted by special permit.
(1) 
Home-based business: a home-based business in accordance with § 118-3.6B of these Regulations.
(2) 
Keeping of animals: the keeping of animals in accordance with § 118-6.11 of these Regulations.
(3) 
Day care: group day-care home, provided that:
(a) 
The resident owner is the care provider.
(b) 
The facility is licensed by the State of Connecticut.
(c) 
Not more than two employees in addition to the care provider are permitted.
(d) 
The applicant demonstrates, to the reasonable satisfaction of the Commission:
[1] 
A safe and adequate means of ingress and egress to and from the facility.
[2] 
Adequate on-site parking for any employees.
(4) 
Day care: a day care center accessory to an institutional use or similar permitted use, provided that:
(a) 
The facility is located on and accessed from a collector or arterial road as identified in the Plan of Conservation and Development.
(b) 
The facility is licensed by the State of Connecticut.
(c) 
The applicant must submit a site plan which demonstrates, to the reasonable satisfaction of the Commission:
[1] 
A safe and adequate means of ingress and egress to and from the facility.
[2] 
Adequate on-site parking for any employees.
(5) 
Bed-and breakfast: a bed-and breakfast establishment in accordance with § 118-3.6D of these Regulations.
Agricultural-Type Uses.
(6) 
Agricultural use: farming, forestry or horticulture uses not permitted under § 118-3.6E of these Regulations.
(7) 
Other uses: other accessory uses, buildings or structures not customarily or reasonably incidental, as determined by the Commission, to a permitted principal use.

§ 118-3.4 Dimensional standards.

A. 
Minimum lot requirements.
(1) 
Requirements.
R-10
RR-10
R-20
R-30
R-40(1)
R-80(1)
A.
Minimum Gross Lot Area (sq. feet)
10,000
10,000
20,000
30,000
40,000
80,000
B.
Minimum Lot Frontage (feet)
80
80
100
120
140(2)
160(2)
C.
Minimum Lot Width (feet)
80
80
100
120
140
160
D.
Minimum square dimension (feet)
70
70
70
80
100
140
Notes:
(1)
Unless a lesser requirement has been established for such lot by the Commission through approval of a Cluster Subdivision or a Conservation Development.
(2)
May be reduced to 25 feet for an approved rear lot.
(2) 
Potential exceptions. Potential exceptions to lot area, lot frontage, and/or lot width requirements may be found in § 118-3.5A or B.
B. 
Maximum density limitation.
(1) 
Requirements. Except as may be otherwise provided in these Regulations, no parcel in a residential zone in existence as of January 1, 2010, shall be divided, subdivided, or re-subdivided in such a way as to exceed the following maximum number of lots per acre of buildable land except that any calculation resulting in a fractional remainder over 0.5 may be rounded up to the next whole number.
Lots/Acre of Buildable Land
a.
R-10 Residence Zone
3.0
b.
RR-10 Residence Zone
3.0
c.
R-20 Residence Zone
1.5
d.
R-30 Residence Zone
1.1
e.
R-40 Residence Zone
0.6
f.
R-80 Residence Zone
0.3
Illustrative Example (R-40 Residence Zone)
Gross Area of Parcel
11.92 acres
Minus Areas classified as wetland, watercourse, 100-year Floodplain, or containing slopes greater than 25%
- 2.43 acres
Equals the buildable land on the parcel (acres)
= 9.49 acres
Times the maximum number of lots per acre of buildable land for the R-40 Residence Zone
x 0.60 lots/acre
Equals
= 5.694 lots
Rounded up to 6 lots maximum
6 lots
(2) 
Potential exceptions.
(a) 
A division of property as permitted by C.G.S. § 8-18 is exempted from the density limitation.
(b) 
A subdivision of property which, in the absence of the density limitation, would result in four lots or less is exempted from the density limitation. This provision shall not apply to resubdivisions.
C. 
Minimum setback requirements.
(1) 
Requirements for a permitted use.
R-10
RR-10
R-20
R-30
R-40
R-80
Front (feet)(2)
a.
Principal Buildings
20
20
30
30
50
50
b.
Accessory Structures
No accessory structure shall be located in a front yard (the area between the principal structure and the street) without approval by the Commission
Side (feet)(2)
c.
Principal Buildings
5 minimum, 15 total
5 minimum, 15 total
10 minimum, 25 total
10 minimum, 25 total
20 minimum, 50 total
25
d.
Accessory Structures
5
5
10
10
15
20
Rear (feet)(2)
e.
Principal Buildings
35
35
35
35
35
40
f.
Accessory Structures
10
10
15
15
20
30
Notes:
(1)
A 15-foot setback shall be required for principal and accessory buildings and structures for such lot by the Commission through approval of a Cluster Subdivision or a Conservation Development. [Effective 8-15-2012]
(2)
Non-residential uses in R-40 and R-80 Residence Zones shall observe a minimum setback of 100 feet from the nearest lot line of any residential lot and such area shall, unless modified by the Commission, be landscaped, planted as a buffer, or preserved in its natural state as needed for protection of adjacent properties.
(2) 
Potential exceptions. Potential exceptions to setback requirements may be found in § 118-3.5D.
D. 
Maximum building coverage limitations.
(1) 
Overall.
R-10
RR-10
R-20
R-30
R-40(1)
R-80(1)
a.
Single-Family Uses
30%
30%
20%
20%
10%
7.5%
b.
Two-Family Uses
Not Allowed
35%
Not Allowed
Not Allowed
Not Allowed
Not Allowed
c.
Other Permitted Uses
30%
30%
25%
25%
12.5%
10%
d.
Uses Allowed By Special Permit
30%
30%
20%
20%
12.5%
10%
Notes:
(1)
Unless a lesser requirement has been established for such lot by the Commission through approval of a Cluster Subdivision or a Conservation Development.
E. 
Maximum building height limitations.
(1) 
Feet.
R-10
RR-10
R-20
R-30
R-40
R-80
a.
Principal Building (feet) [including any uses allowed by special permit]
35
35
35
35
35
35
b.
Accessory Building (feet) [for barn or livestock]
26
26
26
26
26
26
c.
Other Accessory Building (feet) [garage, shed]
16
16
16
16
16
16
(2) 
Stories.
R-10
RR-10
R-20
R-30
R-40
R-80
a.
Principal Building [including any uses allowed by Special Permit]
2.5
2.5
2.5
2.5
2.5
2.5
b.
Accessory Building [for barn or livestock]
2.5
2.5
2.5
2.5
2.5
2.5
c.
Other Accessory Building [garage, shed]
1.5
1.5
1.5
1.5
1.5
1.5
(3) 
Potential exceptions. Potential exceptions to building height limitations may be found in § 118-3.5C.
F. 
Maximum accessory building size.
(1) 
Except as otherwise provided in this section, accessory buildings shall not exceed the following footprint:
(a) 
Accessory building (such as a shed): 400 square feet.
(b) 
Detached garage: 900 square feet.
(c) 
Barn: 1,200 square feet.
(2) 
Larger accessory buildings may be allowed by the Commission by Special Permit.
(3) 
On a bona fide farm, the size of a barn building shall not be limited by this regulation.

§ 118-3.5 Dimensional exceptions.

A. 
Lot area exceptions. These Regulations shall not prohibit the erection of a single-family dwelling on any parcel which is smaller in lot area than that required for a single-family house by these Regulations, provided that, at all times subsequent to the adoption of the zoning regulation which resulted in such lot being non-conforming as to lot area, such lot was in a different ownership from that of all abutting land.
B. 
Lot width/frontage exceptions. These Regulations shall not prohibit the erection of a single-family dwelling on any parcel which is smaller in width or less in frontage than that required for a single-family house by these Regulations, provided that, at all times subsequent to the adoption of the zoning regulation which resulted in such lot being non-conforming as to width, such lot was in a different ownership from that of all abutting land.
C. 
Height exceptions. The height limitations in this regulation shall not apply to:
(1) 
Belfries, steeples, bulkheads and penthouses, designed for other than human habitation.
(2) 
Flagpoles, chimneys and flues not to exceed 50 feet without approval by the Commission.
(3) 
Utility, generating, storage and transmission structures.
(4) 
Parapet wall or cornice extending not more than five feet above the height limit.
(5) 
Architectural features, such as cupolas, up to 10 feet in height, designed for other than human habitation.
(6) 
Solar panels accessory to a residential use extending not more than five feet above the height limit.
(7) 
Wind-powered electrical generation systems accessory to a residential use not to exceed 50 feet without approval by the Commission.
(8) 
Other height exceptions as may be provided by these Regulations.
D. 
Setback exceptions.
(1) 
Nothing in this regulation shall prohibit the projection of eaves, cornices, gutters, pilasters, columns, belt courses, sills, or other similar architectural features into a required setback by up to one foot.
(2) 
Nothing in this regulation shall prohibit the projection of a bay window or other similar architectural features from a building by up to two feet or 20% of the setback, whichever is the more restrictive requirement.
(3) 
In the R-10 Zone, RR-10 Zone, and R-20 Zone, the depth of the required front setback need be no greater than the average distance from the street line to the principal buildings on the two adjoining lots on each side of the proposed site if developed with buildings except that any such modification shall not allow any building location to:
(a) 
Conflict with § 118-6.7 (corner visibility).
(b) 
Be located less than 30 feet from the center line of the street right-of-way or less than five feet from the street property line.
(4) 
To the minimum extent necessary to accomplish the intended purpose, access ramps for the handicapped may, with approval of the Zoning Enforcement Officer, extend into any required setback.
(5) 
Entry stairs, stoops, and fire escapes may extend into any required setback not more than five feet.
(6) 
A basement hatchway may project into a required side setback or a required rear setback not more than six feet.
(7) 
Within the R-10 Zone, RR-10 Zone, and R-20 Zone, a one-story open porch (without screens or enclosure of any kind) and any associated stairs may project into the required front setback not more than 20% of the minimum front setback requirement.

§ 118-3.6 Special provisions for residential uses.

A. 
Elderly housing complex. An apartment housing complex for elderly persons, as defined in C.G.S. § 8-113a(m), provided that:
(1) 
The complex shall be situated on a site of not less than four acres.
(2) 
The complex shall contain not more than 10 living units per acre of buildable area on the parcel.
(3) 
The complex shall be serviced by municipal water and sewer.
(4) 
Buildings within said complex shall:
(a) 
Be separated from other buildings within said complex by 20 feet or the height of the building, whichever is the more restrictive requirement;
(b) 
Contain living units of not less than 450 square feet of living area; and
(c) 
Contain a community building or room.
(5) 
The complex shall provide for not more than one parking space per unit. Additional parking spaces for visitor parking may be required at the discretion of the Commission.
(6) 
In addition to any other requirements under this regulation, said complex shall adhere to the following design requirements:
(a) 
Adequate design of grade, paving, gutters, drainage and treatment of turf to handle stormwater, prevent erosion and formation of dust.
(b) 
Adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, facilities for waste disposal and illumination.
(c) 
Adequate amount and proper location of pedestrian walks, malls and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation, loading spaces from general vehicular circulation facilities.
(d) 
Arrangement of buildings and vehicular circulation so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(e) 
Proper arrangement of signs and lighting devices with respect to traffic control devices and adjacent residential districts.
(7) 
A typical floor plan and elevation shall be presented with an application.
(8) 
An application for said complex must demonstrate that there will be adequate provisions for the maintenance of non-building areas.
B. 
Home-based business.
(1) 
Home-based businesses, as defined in these Regulations, may be allowed as follows:
Permit
Home Office
No Permit Required
Minor Home Occupation
Zoning Permit Required
Major Home Occupation
Special Permit Required
(2) 
In all cases, the home-based business shall:
(a) 
Be carried on entirely within the same dwelling used by such person as his or her primary residence unless the Commission has, by Special Permit, allowed the business to be conducted within an accessory building.
(b) 
Be clearly secondary to the use of the dwelling for dwelling purposes.
(c) 
Only use materials and equipment which are customarily incidental to residential occupancy.
(3) 
In all cases, the home-based business shall not:
(a) 
Occupy more than 25% of the dwelling floor area above the basement;
(b) 
Involve on-site manufacturing, production, service, or sales of merchandise or products;
(c) 
Involve outside storage of any materials or equipment;
(d) 
Change the residential character of the dwelling or property in a visible manner;
(e) 
Create objectionable noise, odor, vibrations, waste or unsightly appearance or conditions noticeable off the premises;
(f) 
Create interference with radio and television reception in the vicinity; or
(g) 
Create a health or safety hazard.
(4) 
Except for signs as allowed by these Regulations, the home-based business shall not display any products, materials, or equipment such that it is visible from the street.
C. 
Accessory apartment.
(1) 
The principal dwelling unit or the accessory dwelling unit shall be occupied by the owner of the premises.
(2) 
Only one accessory apartment shall be permitted on a premises.
(3) 
Such unit shall be located within, or attached to, the principal unit.
(4) 
The owner of the property shall occupy either the principal dwelling unit or the accessory dwelling unit and occupancy of the other dwelling unit shall be limited to:
(a) 
Second-degree family members (such as parents, children, grandparents, grandchildren, brothers, sisters);
(b) 
Elderly and/or disabled persons (as defined in C.G.S. § 8-113a, Subsection (m)); or
(c) 
Caregivers for elderly and/or disabled persons who live on the premises.
(5) 
Not more than two persons shall occupy the accessory apartment.
(6) 
The accessory apartment shall:
(a) 
Contain at least 300 square feet of living area and not more than 900 square feet of living area or 25% of the living area of existing structure, whichever is the lesser, unless in the opinion of the Commission a greater amount of floor area is warranted by the specific circumstances of the particular building.
(b) 
Be subject to a binding and recorded deed containing restrictions which require that such apartment be rented at or below prices which will preserve the units as housing for which, for a period of not less than 10 years, persons and families pay 30% or less of income, where such income is less than or equal to 80% of the area median income according to Connecticut General Statue Section 8-30g.
(7) 
In terms of overall design:
(a) 
The principal dwelling unit and the accessory dwelling unit combination shall be designed to maintain the appearance and character of the premises as a single-family detached dwelling.
(b) 
Additions to the main dwelling to accommodate an accessory unit shall only be allowed to sides or rear of said dwelling.
(c) 
Where located within or attached to a dwelling, the accessory apartment shall have:
[1] 
One means of egress separate from that of the main dwelling; and
[2] 
At least one operable door on a common wall connecting the dwelling to the apartment.
(d) 
All proposed exterior and interior modifications to the dwelling shall be approved by the Building Inspector and Town Fire Marshal.
(e) 
The accessory apartment may be equipped with its own kitchen, complete bathroom and not more than one bedroom, all of which may be separate from the dwelling.
(f) 
The accessory apartment shall not be billed separately from the principal dwelling unit for utilities.
(g) 
The accessory apartment shall be provided with two off-street parking spaces unless modified by the Commission.
(h) 
No accessory apartment shall be located in a basement, unless such basement constitutes a walkout basement.
(8) 
Issuance of a building permit from the appropriate Town authorities for an accessory apartment shall be conditioned upon full compliance with this section of the Regulations, and all work attendant thereto shall be completed within 12 months from issuance of the building permit.
(9) 
A certificate of zoning compliance for the accessory apartment shall be issued by the appropriate Town authorities upon completion of the accessory apartment, provided that it has been completed in accordance with this section of the Regulations.
(10) 
The continued use of an accessory apartment after issuance of the original certificate of zoning compliance is conditioned upon the requirement that the owner of the premises, on the anniversary date of the approval of the permit each calendar year, shall file with the Zoning Enforcement Officer a new affidavit of ownership of the premises and occupancy of either the dwelling or the apartment by the owner as filed with the original application for the accessory apartment.
(11) 
The certificate of zoning compliance for an accessory apartment automatically terminates when there is any change of ownership of the premises; provided, however, that:
(a) 
A new certificate of zoning compliance shall be issued upon receipt of an affidavit from the new owner in form acceptable to the Planning and Zoning Commission, signed by the owner of the one-family dwelling, affirming the intent that the dwelling or accessory apartment is to be occupied by the owner of the premises as a principal place of residence; or
(b) 
A new application for an accessory apartment shall be made and approved prior to occupancy of said apartment.
D. 
Bed-and-breakfast.
(1) 
The dwelling must be occupied by the owner of the premises.
(2) 
The building proposed for the bed-and-breakfast operation shall have a minimum of 2,000 square feet.
(3) 
The operation shall be contained within the existing footprint of the building.
(4) 
No more than 30% of the floor area of the building shall be used for guest sleeping accommodations.
(5) 
No more than four guest accommodations are provided. The occupancy of each guest room shall not exceed four individuals.
(6) 
The bed-and-breakfast operation shall not to be used as a place of residence for other than the property owner.
(7) 
Written certification shall be obtained from the Director of Health that plans for the water supply and sewage disposal systems are adequate to support the intended use.
(8) 
The operation shall meet all applicable Building and Fire Code requirements.
(9) 
Off-street parking spaces shall include at least two spaces for the residents of the single-family use and one for each guest room. The parking spaces shall be located and/or landscaped so that, in the opinion of the Commission, the parking spaces will not detract from the appearance of the property or the neighborhood.
(10) 
The Commission may require fencing, earth berms, evergreen vegetation or other buffers to provide for a visual separation from other neighboring uses.
(11) 
Bed-and-breakfast operations shall be permitted no more than one suitable freestanding sign to identify the property, provided said sign does not exceed nine square feet as measured on one side, contains no lighting, with the exception of indirect spotlighting, and which shall be specifically reviewed and subject to approval as part of the site plan review for its consistency and compatibility with the area in which the bed-and-breakfast is located.
E. 
Agricultural uses.
(1) 
Retail/sale. Retail sales of agricultural products grown on the premises, provided that:
(a) 
No roadside stand or sales shall be conducted in the required front setback area.
(b) 
Retail sales buildings shall not exceed a cumulative total of 500 square feet of floor space (including incidental storage) unless approved by the Commission as a Special Permit.
(c) 
Items for sale may include, as an accessory activity, items not native to the area and/or associated commercial products.
(d) 
Operation by a non-resident of the premises shall require a Special Permit from the Commission.
(2) 
Wholesale sale. Wholesale sale of agricultural products, provided that:
(a) 
Such products shall only be sold on the land where the seller shall live.
(b) 
Such products shall consist only of products raised and processed on land owned or leased and devoted to agricultural production by the seller of product.
(c) 
Such products shall only include native (produced on site) flowers, fruits, vegetables, herbs, plants, wine, juices, honey, maple syrup, nuts, shrubs, Christmas trees, seasonal boughs or arrangements, firewood, hay, grain and animal products except that incidental containers (bags, boxes, bottles, jugs, pots, trays, etc.) which are necessary for packaging of products shall be exempt from this limitation.
(d) 
Operation by a non-resident of the premises shall require a Special Permit from the Commission.
(3) 
Processing. Processing of produce and, as an accessory activity, any building in excess of a cumulative total of 800 square feet of floor space devoted to such processing use (including incidental storage) may include items for sale not native to the area and/or associated commercial products.
(4) 
Greenhouses. Greenhouses and shade houses, provided that:
(a) 
Any property up to and including three acres in size shall not be permitted to have more than three greenhouses and/or shade houses;
(b) 
No greenhouse or shade house shall contain more than 3,000 square feet of floor area except that, for a property that is three acres or less in size, no greenhouse or shade house shall contain more than 1,000 square feet of floor area;
(c) 
Any such structure shall be located at least 100 feet from any property line; and
(d) 
Such structures shall count to building coverage.
(5) 
No agricultural use authorized by this § 118-3.6E shall include the growth, sale, or distribution of marijuana or marijuana products.
F. 
Additional prohibitions.
(1) 
Notwithstanding any other provision of these Regulations, the growth, sale, preparation or distribution of marijuana and marijuana products shall not be permitted in any residential zoning district (R-10, RR-10, R-20, R-30, R-40, R-80 and RMO zoning districts).