Bethel City Zoning Code

Requirements.

	VC	C	RT6	I	IP
a. Minimum lot area (sq. ft.)	10,000	10,000	40,000	20,000	80,000
b. Minimum lot width (feet)	100	100	140⁽¹⁾	100	100
c. Minimum lot frontage (feet)	100	100	140⁽¹⁾	100	100

Notes:
(1)	In the RT6 zone, the minimum lot width requirement for any light industrial use shall be 180 feet.

Potential exceptions. Potential exceptions to lot area, lot frontage, and/or lot width requirements may be found in § 118-4.6.

Minimum setback requirements.

Setback for yard not adjacent to residential property line^(a).

	VC	C	RT6	I	IP
a. Front (feet) - from street lot line	10	10	50	25	25
b. Front (feet) - from road centerline	-	-	75
c. Side (feet)	0	0	20	20	20
d. Rear (feet)	0	0	25	25	25

Notes:
(a)	In a Village Center Zone, an Industrial Zone or an Industrial Park zone, no setback is required where a lot line adjoins a railroad property line.

Setback for yard adjacent to residential property line.

	VC	C	RT6	I	IP
a. Front (feet)	10	10	50	50	150
b. Side (feet)	10	10	50	50	150
c. Rear (feet)	20	20	50	50	150

Potential exceptions. Potential exceptions to setback requirements may be found in § 118-4.6.

Setbacks in the IP Zoning District.

In the IP Zoning District, a yard or portion thereof, is "adjacent to Residential Property Line" and is subject to the requirements of § 118-4.4B(2) where the yard abuts property which is:

In the RM-O, R-10, RR-10, R-20, R-30, R-40, or R-80 zoning districts; and

Improved with structures containing three or less residential dwelling units in total.

Otherwise, the yard, or portion thereof, is "not adjacent to Residential Property Line" and is subject to the setbacks set forth in § 118-4.4B(1).

The determination as to which setbacks apply shall be based on the conditions at the time of application for a new structure on land in the IP Zoning District. Upon completion of such structure, and in the issuance of a Certificate of Occupancy therefor, a change in the conditions on the abutting property shall not render such structure non-conforming but rather it shall be considered to be in compliance with the requirements of this § 118-4.4B.

Maximum building coverage limitations.

	VC	C	RT6	I	IP
Maximum Building Coverage	Not limited by regulations	Not limited by regulation	Not limited by regulation	50%	35%

Maximum commercial floor area limitations.

	VC	C	RT6	I	IP
Maximum Commercial Floor Area	Not limited by regulation	Not limited by regulation	7,750 Square Feet of Public Floor area per gross acre	100% of the lot area	100% of the lot area

Maximum building height limitations.

		VC	C	RT6	I	IP⁽¹⁾
1.	Maximum building height (stories)	3	3	3*	2.5	2.5
2.	Maximum building height (feet)	40	40	40	35	35

Notes:
(1)	In the IP zone, the Commission may, by Special Permit, approve up to a four story building with a maximum building height of 50 feet.
(2)	In the Route 6 zone, the Commission may, by Special Permit, approve up to four-story building with a maximum height of 50 feet, provided that the property is solely used for one or he more of the following: hotel, motel, or motor motel provided that the rear property line is adjacent to Route I-84.

Potential exceptions. Potential exceptions to setback requirements may be found in § 118-4.6.

Moratorium.

Uses subject to moratorium.

Intent and purpose. The Zoning Commission has determined that the following uses have the potential to impair the health, safety and welfare of its citizens, and that a temporary, limited moratorium is needed in order to properly develop restrictions and standards for the implementations of these uses.

Identified uses subject to moratorium.

Medical marijuana dispensary facility.

Medical marijuana production facility.

[3]

Expansion of existing dispensary facility.

[4]

New retail recreational marijuana facility.

Application. No application for a medical marijuana dispensary, production facility, or retail recreational marijuana establishment and no installation or creation of a medical marijuana dispensary or production facility or retail recreational marijuana establishment shall be permitted in any zone within the Town of Bethel during the effective dates specified in § 118-4.4F(1)(d).

Effective date and expiration. The effective date of the moratorium on the application or installation or creation of any medical marijuana dispensary, production facility, or retail recreational marijuana establishment is the date of adoption of this Regulation by the Zoning Commission together with the filing of the amendment with the Town Clerk (effective on March 10, 2016), expiring in six months (expiration on September 10, 2016).

Exclusions.

(Reserved)

§ 118-4.5 Architectural review.

Village Center Zone. The Village Center Zone (VC) is hereby designated as a Village District as authorized by C.G.S. § 8-2j and any new construction or remodeling of the exterior of a building within the VC Zone shall be reviewed by the Village District Consultant designated by the Commission.

Other zones.

Any new construction or remodeling of the exterior of a building within the Commercial Zone (C), the Route 6 Business (RT6) Zone, the Industrial (I) Zone, or the Industrial Park (IP) Zone which is also within the Village District Overlay Zone (§ 118-5.4) shall be reviewed by the Village District Consultant designated by the Commission.

If an Architectural Advisory Committee has been established by the Town, any new construction or remodeling of the exterior of a building in the Commercial Zone (C) or the Route 6 Business (RT6) Zone shall be reviewed by the Architectural Advisory Committee in accordance with the provisions of § 118-6.10 of these Regulations.

§ 118-4.6 Special provisions for business/industry zones.

Lot width/frontage exceptions.

Where two or more lots zoned Industrial (I) or Industrial Park (IP) make use of a single joint entry from and single joint exit to a public street, the minimum frontage requirements may be disregarded, provided that:

Such entry- and exit-ways are located entirely within an I Zone or an IP Zone.

Adequate provision is made, in the judgment of the Commission, that present and future access is guaranteed to properties not having the required frontage.

Adequate provision is made for access by emergency vehicles to all properties.

All properties are, in the judgment of the Commission, of such proportions as to be usable for the intended permitted use.

An agreement is filed on the land records where each property grants each other property the rights of access, egress, and passage.

Yard exceptions.

By agreement recorded in the land records of the Town of Bethel, the owners of two lots in a RT6 Zone may, by Special Permit approved by the Commission, disregard the required side yards where such lots adjoin and the buildings may be built to the common lot line, provided that the party or other walls separating such buildings shall be of masonry construction.

Where two or more lots zoned Industrial (I) make use of a single joint entry from and single joint exit to a public street, the minimum side and rear setback requirements may be omitted along common property lines, provided that:

Such entry- and exit-ways are located entirely within an I Zone.

Adequate provision is made, in the judgment of the Commission, that present and future access is guaranteed to properties not having the required frontage.

Adequate provision is made for access by emergency vehicles to all properties.

All properties are, in the judgment of the Commission, of such proportions as to be usable for the intended permitted use.

An agreement is filed on the land records where each property grants each other property the rights of access, egress, and passage.

In the Village Center (VC) Zone and Commercial (C) Zone, where existing buildings on more than 75% of the lots on the same side of a street within a block have a front yard less than that required in the applicable zone, the front yard on an undeveloped lot on such street may be reduced to not less than the average setback of the existing buildings within the block, provided that:

The lot is not abutted on both sides by undeveloped lots;

No front yard setback line shall be less than 30 feet from the center line of the street right-of-way or less than five feet from the street property line; and

Corner visibility as provided in § 118-6.7 shall not be limited.

Structures which are: (a) on adjacent but separate lots of land both located in the Industrial Park (IP) Zoning District; and (b) otherwise compliant with the setback requirements of these Regulations, may be connected by a covered or enclosed pedestrian bridge, walkway, or hallway. Such connector shall be exempt from the setback requirements of these Regulations, provided that: (a) it does not exceed more than 10 feet in width over the entire boundary between the parcels; and (b) the right to pass and repass between the buildings over the connector and the rights and responsibility to maintain the connector shall be memorialized in an easement recorded in the land records.

Height exceptions.

The height limitations of these Regulations shall not apply in business zones to:

Flagpoles less than 50 feet in height above finished grade;

Schools, public libraries, municipal buildings, and museums which may be built to a height not to exceed three stories; or

Public utility facilities which may be built to a height not to exceed 50 feet.

Solar panels may exceed the height limitations of these Regulations, provided that:

Such panels shall not project more than 10 feet above the roof and shall be located so that no part of any such installation shall project above a 30-degree slope from the edge of the roof; and

Such panels shall be screened on all sides by a solid appearing wall constructed of materials that are harmonious in color and texture with the adjacent facade of the building, except that the Commission may modify this requirement upon proper showing that such solar panels would not be visible.

Roof-top appurtenances (such as HVAC equipment, stairwell housings, elevator shafts, air-conditioning units, cooling towers, heat pumps, or similar mechanical equipment) may exceed the height limitations of these Regulations, provided that:

Such appurtenances shall not project more than 10 feet above the roof and shall be located so that no part of any such installation shall project above a 30-degree slope from the edge of the roof; and

All such appurtenances shall be screened on all sides by a solid appearing wall constructed of materials that shall be harmonious in color and texture with the adjacent facade of the building; and

Such equipment shall not have a horizontal area greater than 20% of the roof area of the building on which it is located without approval of a Special Permit by the Commission.

Use limitations based on performance standards. It is the intent of this section to ensure that operations, uses, and activities in Industrial (I) and Industrial Park (IP) Zones in Bethel are established and maintained in a manner not detrimental to the public health, safety and welfare and in a manner beneficial to the use, enjoyment and value of neighboring properties. The use of performance standards is necessary to measure potential nuisances and hazards objectively, thereby protecting operations, uses, and activities from arbitrary control and at the same time affording the neighboring properties and the general public necessary protection against hazards and nuisance.

Noise. Except as may be exempted below or in the Connecticut General Statutes, the sound level of any operation, use, or activity shall not exceed the noise zone standards of C.G.S. § 22a-69, as currently in force or subsequently amended, with current standards stated at 70 dBA for an emitter. Measurements shall be taken at a point that is located about one foot beyond the boundary of the emitter's property within the receptor's property. The following activities are exempted from the noise limitation:

Noise created as a result of or relating to an emergency, including but not limited to sirens, alarms, etc.;

Construction or demolition activity during the daytime, as herein defined;

Noise created by blasting, provided that the such blasting has received appropriate permits and is conducted between 8:00 a.m. and 5:00 p.m.;

Noise created by on site recreational activities sanctioned by the state or local government, including but not limited to parades, sporting events, concerts, fireworks, etc.;

Noise generated by maintenance equipment for landscaping and snow removal, i.e., plows, mowers, etc.;

Farming activity;

(g)

Noise generated by transmission or distribution facilities and substations of public utilities;

(h)

Noise that is directly caused by flight operations specifically preempted by the Federal Aviation Administration.

Vibration. No vibration shall be transmitted and therefore felt outside the lot from which it originates. The following activities are exempted from the vibration limitation:

Vibration created as a result of or relating to an emergency;

Construction or demolition activity during the daytime, as herein defined;

Vibration created by blasting, provided that the such blasting has received appropriate permits and is conducted between 8:00 a.m. and 5:00 p.m.;

Vibration created by on site recreational activities sanctioned by the state or local government, including but not limited to parades, sporting events, concerts, fireworks, etc.;

Vibration generated by maintenance equipment for landscaping and snow removal, i.e., plows, mowers, etc.;

Vibration generated by transmission or distribution facilities and substations of public utilities,

Air pollution. Provisions shall be made to control emissions of air pollutants (dust, fumes, smoke, vapor, gas, etc.) into the outdoor atmosphere. Such provisions shall be in compliance with the following standards and all applicable federal (i.e., Clean Air Act) and state (i.e., Air Pollution Control, C.G.S. § 22a-174) regulations as presently in force or subsequently amended.

Odor. Provisions shall be made to control emissions of odorous substances into the outdoor atmosphere. Except as may be exempted below, odor from any use shall not be discernible to any objectionable degree at the property line. An odor will be deemed objectionable when the Department of Environmental Protection Air Compliance Unit determines such, according to guidelines and standards provided by the General Statutes of Connecticut as presently in force or subsequently amended. The following activities are exempted from the odor limitation:

Odor from agricultural activities, provided it is conducted in a manner as to minimize odors.

Odor from mobile sources.

(5)

Glare and heat. All uses shall be conducted so that direct or indirect illumination from the source of light shall not cause illumination in excess of 0.5 footcandle in any residential zone. Any form of heat shall not be perceptible outside the lot where it originates.

(6)

Electromagnetic radiation. 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 radiations and to any other applicable regulation.

Dangerous materials and hazardous wastes. Materials which are dangerous due to the possibility of explosion, fire, radioactivity, corrosion, toxicity or contamination must be secured and maintained in a manner approved by federal, state and Town agencies against such dangers as:

Groundwater contamination via leachate and direct discharge.

Surface water contamination via runoff, overflow or direct discharge.

Air pollution via open burning, evaporation, sublimation and wind erosion.

Any activity whether the generation, treatment, storage, transportation of hazardous waste (is defined and controlled by Section 3001 of the Federal Resource Conservation and Recovery Act, C.G.S. Chapter 445, Hazardous Waste, C.G.S. § 22a-114, and amendments or subsequent federal, state or Town regulations) is restricted to approved and confirmed Environmental Protection Agency and Department of Environmental Protection registrants and security methods, and prior to commencement, such activity is to be reported to and must be approved by appropriate Town officials.

Any discharge of wastewater into the waters of Bethel (surface or ground) or into public disposal system must comply (either by its nature or pretreatment) with all federal (i.e., National Pollutant Discharge Elimination System) and state (i.e., Water Quality Standards and Criteria) standards.

Other standards. In addition to these standards, all relevant provisions of any other federal, state and Town laws and regulations shall also apply. Where such standards, controls or regulations are not in agreement, the more restrictive shall apply.

Compliance and enforcement.

The occupant/applicant of a parcel within an I Zone or IP Zone will be solely responsible for compliance with the performance standards.

The occupant/applicant shall, at his own expense, furnish in writing, together with the application for a building permit, sufficient evidence to the Commission that the proposed use will not produce any nuisance in excess of the measurable performance standards listed in this section.

In the event that compliance to the established performance standards cannot be judged properly during a permit processing period or prior to operation, the recipient of zoning and building permits shall provide a written statement recognizing that these performance standards are continuing obligations and that all land uses in Town are expected to operate in compliance with these standards.

In the event of an alleged violation, the Zoning Enforcement Officer shall notify the operator/occupant and such officer, charging that a violation has occurred, shall have sufficient ground for invoking the provisions of law to enforce compliance hereunder.

The Commission or the occupant/applicant may elect to engage competent technical experts to evaluate the alleged violation or the occupant/applicant or the occupant/applicant may compel the Zoning Enforcement Officer to hire such technical experts.

If such technical experts are hired:

The occupant/applicant shall bear the cost of such technical investigation if he is thereafter found to be in violation of the foregoing standards.

The Town shall bear the cost of such technical investigation where no violation has been found to have occurred.

Prohibited uses. Notwithstanding any other provision of these Regulations, the basic manufacture, processing or fabrication of the following commodities is not permitted in an Industrial (I) or Industrial Park (IP) Zone:

Abrasives.

Alcohol distillation.

Animal by-products.

Bone black.

Brewery.

Carbon black and lampblack.

Charcoal.

Cinder and cinder blocks.

Clay and clay products.

(10)

Coal or coke.

(11)

Detergents, soaps and by-products using animal fat.

(12)

Electric power generator station.

(13)

Fermented fruits and vegetable products.

(14)

Fertilizers.

(15)

Fungicides.

(16)

Garbage truck/hauling.

(17)

Gases (other than nitrogen and oxygen).

Glass.

Glue and size.

Grain milling.

Graphite.

Gypsum and other forms of plaster base.

(23)

Insecticides.

(24)

Insulation (flammable types).

(25)

Junk including, but not limited to, old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled or wrecked motor vehicles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

(26)

Matches.

(27)

Meat slaughtering or packing.

(28)

Metals.

(29)

Metal ingots, pigs castings, sheets or bars.

(30)

Oils and fats (animal and vegetable).

(31)

Paints, pigments, enamels, japans, lacquers, putty, varnishes, whiting and wood fillers.

(32)

Paper pulp and cellulose.

(33)

Paraffin.

(34)

Petroleum and petroleum products.

(35)

Portland and similar cements.

(36)

Refuse bin storage.

(37)

Repossession companies.

(38)

Rubber.

(39)

Sawmill or planing mill.

(40)

Serums, toxins or viruses.

Sugars and starches.

Tannery.

Turpentine.

Wax and wax products.

(45)

Wood preserving by creosoting or other pressure impregnation of wood by preservatives.

(46)

Asphalt, bituminous and cement-based concrete, stone or gravel.

(47)

Dispensary facility (for marijuana).

(48)

Production facility (for marijuana).

Additional prohibitions. Notwithstanding any other provision of these Regulations, the growth, sale, preparation or distribution of marijuana and marijuana products shall not be permitted in any business or industry zoning district (VC, C, RT6, I, IP zoning districts).

Bethel City Zoning Code

ARTICLE IV

Business/Industry Zones

§ 118-4.1 General purposes.

Village Center (VC) Zone. The purpose of the Village Center Zone is to maintain, enhance and promote a mixed-use, pedestrian-scale downtown area with a strong sense of place.

Commercial (C) Zone. The purpose of the Commercial Zone is to maintain and enhance areas containing commercial uses to meet the needs of Bethel residents and businesses.

Industrial (I) Zone. The purpose of the Industrial Zone is to provide for appropriate locations and standards for industrial-type uses.

Industrial Park (IP) Zone. The purpose of the Industrial Park Zone is to provide for appropriate locations and standards for industrial-type uses in a park-type environment.

§ 118-4.2 Permitted activities.

Legend
ZP	Activity allowed by Zoning Permit (ZEO) unless a Special Permit is required for the use or another activity being proposed.
SP	Activity requires obtaining a Special Permit (PZC).
X	Activity not allowed.

A.	Occupancy of Existing Space		VC	C	RT6	I	IP
1.	No new floor area is created and:		ZP	ZP	ZP	ZP	ZP
	a.	No additional parking is required; or
	b.	The parking which is available on the site is within 10% of the parking required by these Regulations.
2.	No new floor area is created, the parking available on the site is within 20% of the parking required by these Regulations, and the owner shall:		ZP	ZP	ZP	ZP	ZP
	a.	Grant the Town by deed, easement, or agreement filed in the Town Clerk's office, the right for the public to enter, exit, pass, and share parking; and
	b.	Post signage indicating that parking on the site is not reserved for the uses on the property.
3.	No new floor area is created but neither of the above conditions exist.		SP	SP	SP	SP	SP

B.	Occupancy of Existing Space	VC	C	RT6	I	IP
1.	Construction which results in less than 1,000 square feet of new floor area.	SP	ZP	ZP	ZP	ZP
2.	Construction which results in 1,000 square feet or more of new floor area.	SP	SP	SP	SP	SP

C.	Drive-Up Activities		VC	C	RT6	I	IP
1.	Drive-up window service of any kind.		SP	SP	X	SP	SP
2.	Drive-up window service of any kind, except that the Commission may limit drive-through facilities to:		X	X	SP	X	X
	a.	Locations with direct access to a signalized intersection; and
	b.	No more than 1 drive-up window per signalized intersection.

D.	Multiple Buildings Activities		VC	C	RT6	I	IP
1.	More than 1 building per lot where the applicant demonstrates that more than one building would be advisable, consistent with the area and in the best interests of the Town, because of any one or more of the following considerations:		SP	SP	SP	SP	SP
	a.	Aesthetic consistency with surrounding buildings.
	b.	Nature of the proposed use.
	c.	Traffic flow.
	d.	Other factors peculiar to the land such as shape of the lot or existing topography.

E.	Amusement Activities		VC	C	RT6	I	IP
1.	Amusement devices, as defined in these Regulations, provided that:		SP	SP	SP	X	X
	a.	Such devices are accessory to a permitted or specially permitted use.
	b.	Not more than 4 such devices shall be permitted on the premises.
	c.	All such devices shall be located within an enclosed building.
	d.	There shall be at least 150 square feet of floor space open to the general public (excluding toilet facilities) for each device to be located therein.

§ 118-4.3 Permitted uses.

Legend
P	Use is permitted in the zoning district.
SP	Use requires obtaining a Special Permit (PZC).
X	Use is not permitted in the zoning district.

A.	Retail/Wholesale Uses	VC	C	RT6	I	IP
1.	Retail Establishment, with no areas for the service or consumption of food.	P	P	P	X	X
2.	Retail Establishment, where any areas used for the service or consumption of food is 10% or less of the gross floor area and occupies less than 1,000 square feet.	P	P	P	X	X
3.	Retail store where any areas used for the service or consumption of food exceeds 10% of the gross floor area or occupies 1,000 square feet or more.	SP	SP	SP	X	X
4.	Outside storage or display of merchandise.	SP	SP	SP	X	X
5.	Retail Establishment, with sales limited to commodities that are manufactured, processed, fabricated or warehoused on the premises, provided the total floor area devoted to retail sales does not exceed 20% of the gross floor area of the building.	X	X	X	P	P
6.	Retail Establishment, with sales limited to equipment, supplies and materials designed especially for use in agriculture, mining, industry, business, transportation, building and other construction, with the exception of commercial explosives.	X	X	X	P	X
7.	Retail Establishment, with sales at wholesale of any commodity except live animals and commercial explosives.	X	X	X	P	P
8.	Brewery.	X	X	X	X	X
9.	Microbrewery.	P	P	P	X	SP
10.	Dispensary Facility.	X	X	X	X	X
11.	Retail Establishment, or portion thereof, engaged in the preparation, sale or distribution of marijuana or marijuana products.	X	X	X	X	X
12.	Retail and wholesale of propane, and storage of propane to be sold, solely as an accessory use.	X	X	X	X	P

B.	Office Uses	VC	C	RT6	I	IP
1.	General or business office.	P	P	P	P	P
2.	Medical or dental office, clinic or laboratory.	P	P	P	P	P

C.	Service Uses		VC	C	RT6	I	IP
1.	Personal service establishment (see definition), excluding tattoo parlor or massage therapy.		P	P	P	X	X
2.	Personal service establishment (see definition) tattoo artist studio subject to technical standards and policies of the Bethel Health Department and the State of Connecticut Statues, excluding massage therapy.		X	P	X	X	X
3.	Service establishment (repair, rental and/or service) of any item which is allowed to be sold in the zone, except motor vehicles and trailers.		SP	P	P	P	SP
4.	Self-service automatic laundry establishment provided:		SP	SP	SP	SP	X
	a.	It shall not contain more than 35 washers and dryers in total.
	b.	On-site washing may be provided as a service.
5.	Dry-cleaning establishment, provided that:		SP	SP	SP	X	X
	a.	No petroleum derivative solvents are used as a general cleaning solvent (may be used for spotting only).
	b.	No steam is discharged under pressure into the atmosphere.
	c.	Such establishment does not dry clean clothes from collection stations or from other plants.
6.	Child day-care center.		SP	P	P	SP	SP
7.	Adult day-care center.		SP	P	P	SP	SP
8.	Animal hospital or veterinarian office.		SP	SP	SP	P	P
9.	Pet grooming or pet training.		SP	SP	SP	P	X
10.	Pet day-care facility or pet boarding facility.		X	X	X	P	P
10.	Funeral home.
10a.	Crematory facility for the disposal by incineration of the bodies of the dead, provided:		SP	SP	SP	X	X
	a.	No such crematory facility shall be located within 2 miles of any other crematory facility;
	b.	Any discharge point from such crematory facility, such as a chimney or smokestack, shall be located at least 1,000 feet from any residence, and shall be screened from view in all directions;
	c.	Any Structure containing a retort shall be located at least 500 feet from any land zoned for residential purposes not owned by the owner of the crematory;
	d.	No more than 2 retorts shall be installed in any such crematory facility;
	e.	A dedicated loading space shall be provided which is screened from view from all roadways adjoining the property with a vegetative screen;
	f.	The crematory facility shall be located indoors within structures, including any viewing areas;
	g.	No funerals or memorial services may be conducted on the premises unless a special permit for a funeral home is issued pursuant to § 118-4.3C(10). Use of a viewing area to view the process of incineration shall not constitute a funeral or memorial service; and
	h.	The Planning & Zoning Commission may, but need not, consider an application for approval of the location of a crematory facility pursuant to Conn. Gen. Stat. § 19a-320(b) simultaneously with the required application for special permit.
11.	School for training in special occupational skills where:		X	X	SP	SP	SP
	a.	Enrollment may be open to the public or limited.
	b.	The school may include dormitories for students and instructors.

D.	Financial Institution Uses	VC	C	RT6	I	IP
1.	Bank, credit union, or savings and loan association (state or federally chartered) excluding any drive-through facilities.	P	P	P	P	X
2.	Bank, credit union, or savings and loan association (state or federally chartered) including any drive-through facilities.	SP	SP	SP	SP	X

E.	Food/Hospitality Uses		VC	C	RT6	I	IP
1.	Sit-down restaurant.		SP	P	P	X	X
2.	Sit-down restaurant accessory to a hotel, motel, or motor hotel use.		SP	SP	SP	SP	SP
3.	Outdoor dining accessory to a sit-down restaurant or microbrewery, including the placement of seating and tables out of doors and food served thereat, subject to all of the following conditions:		SP	SP	SP	SP	SP
	a.	Such service shall be accessory to an indoor restaurant or microbrewery;
	b.	The outdoor eating area shall be contiguous to the restaurant or microbrewery to which it is accessory;
	c.	The outdoor eating area shall be clearly delineated by fences, walls, or plant materials;
	d.	Such outdoor eating area must be 50 feet or more from the nearest boundary of any residential zone;
	e.	Umbrellas may be used in the outdoor eating area to provide protection from the elements, provided they are secured and weighted on the bottom and are closed when not in use. In no circumstances shall a tent or a canvas or plastic canopy be used; and
	f.	The area designated for outdoor eating shall be included in calculations for required parking.
4.	Restaurant, fast food.		X	X	SP	X	X
5.	Restaurant, other.		SP	SP	SP	SP	SP
6.	Hotel, motel or motor hotel, which may include a sit-down restaurant (but not a fast-food restaurant or any drive-through facilities), banquet hall and/or conference center.		X	SP	SP	SP	SP
7.	A catering establishment where food is prepared for delivery and consumption off the premises.		SP	SP	SP	SP	SP
8.	Brewery.		X	X	X	X	X
9.	Microbrewery.		P	P	P	SP	P
10.	Beer Garden:		X	X	SP	X	X
	a.	Minimum of 5 acres.
	b.	Can only be an accessory use to an established principle commercial use.
	c.	Must maintain 100-foot setback from any adjacent residential zone including across the street.
	d.	Events may include preparation of food and drink off site and/or by the use of food trucks.
	e.	Special events must abide by the Chapter 108, Noise, of the Code of the Town of Bethel.

F.	Recreation Uses		VC	C	RT6	I	IP
1.	Interior recreation uses, including but not limited to theater, billiard parlor, bowling alley.		SP	P	SP	SP	SP
2.	Exterior recreational uses, including but not limited to baseball batting facility, miniature golf course, tennis facilities, ice skating facilities and golf driving ranges.		SP	SP	SP	SP	SP
3.	Athletic club, provided:		SP	SP	SP	SP	SP
	a.	All activities shall take place within an enclosed building.
	b.	All activities shall be confined to members and guests and not be extended to the general public.
	c.	Primary use shall be for participatory rather than spectator sports.
	d.	Noise level shall be zero decibels ambient at any property line bordering residential property.
	e.	Screening and landscaping shall be as required in § 118-6.1.
	f.	Parking may be based on data provided by the applicant documenting similar actual use and certified by appropriate public officials in jurisdiction of actual use. If this material is not presented, parking will equal one space per player (at full capacity of the facility), plus one space per employee.
4.	Park or playground areas operated by a governmental unit.		SP	SP	SP	SP	SP

G.	Institutional Uses	VC	C	RT6	I	IP
1.	Government facilities.	SP	SP	SP	SP	SP
2.	Public services, including ambulance service, fire station, library, police station, post office and terminal for public vehicles (including repair or storage).	SP	SP	SP	SP	SP
3.	Religious facility.	SP	SP	SP	X	X
4.	Club, lodge or fraternal organization (private and operated for the benefit of the members and not for gain).	SP	SP	SP	X	X
5.	Museum.	SP	SP	SP	X	X

H.	Agricultural/Animal Uses	VC	C	RT6	I	IP
1.	Farming, forestry or horticulture.	X	P	P	P	P
2.	Nurseries and the accessory sale of produce and plants, provided the Commission shall approve areas for outside display.	X	X	X	P	X

I.	Residential Uses		VC	C	RT6	I	IP
1.	Residential use, in a structure for residential use only, with a density of up to 10 units per acre, provided the dwelling units shall meet the minimum floor area requirements of § 118-5.5E.		P	P	X	X	X
2.	Apartment in the same structure with other permitted uses, provided that:		P	P	X	X	X
	a.	The residential density shall not exceed 10 units per acre.
	b.	All apartments meet the minimum floor area requirements of § 118-5.5E of the RM-O regulations regarding apartment dwellings.
	c.	Apartments shall not be permitted on the same floor of a structure with other permitted uses.
	d.	No other permitted use shall be allowed on a floor of a structure located at a higher level than a floor containing apartments.
	e.	Apartments shall have adequate access to at least two separate entrances for emergency purposes.
3.	(Reserved)		X	X	SP	X	X
4.	Residential dwelling units (apartments, townhouses, or condominiums) which are located 275 feet or more from the centerline of the frontage street, provided that:
	a.	Such residential dwelling units are located on a lot which is at least 5 acres in size. Adjacent lots in the same ownership may be combined to meet this criteria. Land which is located in a different zoning district may be included in calculating the size of the lot or combined lots.
	b.	The lot or combined lots also contain permitted, non-residential uses located along the frontage street. The overall floor area of such non-residential uses must exceed 7,000 square feet per acre of the total land area of the lot or combined lots located within 275 feet of the centerline of the frontage street. Such non-residential uses may be partially located more than 275 feet from the centerline of the frontage street, except for a medical use, which must exceed 6,000 sf per acre of the total land area of the lot or combined lots located within 275 feet of the centerline of the frontage street.
	c.	The residential dwelling unit density does not exceed 10 units per acre.
	d.	The land area which is used exclusively for such residential dwelling units and associated infrastructure may not be used to meet any other requirement of these Regulations, and the land area of the lot is not used exclusively for such residential dwellings and associated infrastructure may not be used to calculate the residential density in paragraph c.
	e.	For purposed of this Subsection 4, the term "frontage street" shall mean State Route 6 (Stony Hill Road) even if the lot or combined lots have frontage on other streets.
	f.	Proposed dwelling units on a parcel of land shall be required to provide 20% of the total dwelling units subject to binding recorded deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which will preserve the units as housing for which persons and families pay 30% or less of income, 10% shall be required to meet the income level that is less than or equal to 60% of the area median income, and 10% shall be required to meet the income level that is less than or equal to 80% of the area median income as defined by C.G.S. § 8-30g(a)(7). A development proposal that is required to provide 20% affordable housing units shall submit an affordability plan that complies with C.G.S. § 8-30g(b) and regulations adopted pursuant thereto.

J.	Assisted Living Uses			VC	C	RT6	I	IP
1.	Assisted-living facility, congregate housing, continuing-care retirement community, or a nursing facility, provided that:			SP	SP	SP	X	X
	a.	The maximum number of dwelling units allowed shall be 20 bedrooms or bed equivalents per acre. (Efficiencies are counted as one bedroom.)
	b.	The maximum height of the building shall not exceed 2.5 stories or 35 feet, whichever is less.
	c.	The maximum allowable building coverage shall be 25%.
	d.	The minimum number of parking spaces shall be as follows:
		i.	1.5 parking spaces per each non-assisted one-bedroom unit.
		ii.	2.0 parking spaces per each non-assisted two-bedroom unit.
		iii.	0.5 parking space for each assisted-living unit.
		iv.	1.0 parking space for each employee during the largest shift.
		v.	1.0 visitor parking space for each 5 nursing home beds.

K.	Motor Vehicle Service and Repair Uses		VC	C	RT6	I	IP
1.	Gasoline filling station, provided that:		X	SP	SP	SP	X
	a.	The building coverage of all structures (including any canopies) does not exceed 25% of the area of the lot.
	b.	Services are limited to dispensing gasoline, oil, antifreeze, and motor vehicle accessories, and other convenience retail products.
	c.	All site lighting shall be extinguished floodlights at close of business or 11:00 p.m., whichever is earlier.
2.	Motor vehicle wash and/or auto detailing establishment, provided that:		X	SP	X	SP	X
	a.	The primary function shall be limited to washing and/or polishing motor vehicles only.
	b.	Secondary functions may only include retail sales of automobile accessories, oil, grease, antifreeze, tires and batteries and services related to the installation of the foregoing items.
	c.	All operations shall be completely enclosed except for the drying of vehicles and the vacuuming of the interior of vehicles.
	d.	All wastewater shall be discharged directly into the sewer.
	e.	No motor vehicles, service trucks or trailers shall be displayed.
	f.	Adequate parking is provided on-site for all customers and employees.
3.	Service of motor vehicles with more than 3 wheels (limited repair license or general repair license), provided that:		X	X	X	SP	X
	a.	A public hearing has been held before the Zoning Board of Appeals as required by law.
	b.	The building coverage of all structures (including any canopies) does not exceed 25% of the area of the lot.
	c.	For a limited repair license, services are limited to those permitted under the license.
	d.	For a general repair license, services are limited to those proposed by the applicant, permitted under the license, and approved by the Commission.
	e.	Motor vehicle sales are not permitted.
	f.	Adequate parking is provided on-site for all customers and employees.
	g.	Adequate buffers are provided to adjacent properties.
	h.	All site lighting shall be extinguished floodlights at close of business or 11:00 p.m., whichever is earlier.
4.	Service of motor vehicles with less than 3 wheels (limited repair license or general repair license), provided that:		X	SP	X	SP	X
	a.	A public hearing has been held before the Zoning Board of Appeals as required by law.
	b.	The building coverage of all structures (including any canopies) does not exceed 25% of the area of the lot.
	c.	For a limited repair license, services are limited to those permitted under the license.
	d.	For a general repair license, services are limited to those proposed by the applicant, permitted under the license, and approved by the Commission.
	e.	Motor vehicle sales are not permitted.
	f.	Adequate parking is provided on-site for all customers and employees.
	g.	Adequate buffers are provided to adjacent properties.
	h.	All site lighting shall be extinguished floodlights at close of business or 11:00 p.m., whichever is earlier.
5.	Vintage, collectible and classic motor vehicle restoration and customization, including storage and repair of vintage, classic, collector and/or custom motor vehicles together with incidental online sales.
	a.	Minimum lot area shall be 80,000 square feet.
	b.	Vehicles offered for sale shall be stored within the indoor structure.
	c.	No outdoor storage, outdoor display or outdoor repair of vehicles is permitted.
	d.	No signage or advertising the sale of used vehicles at the site shall be displayed on any structure or on the site.

L.	Motor Vehicle Sales Uses		VC	C	RT6	I	IP
1.	Automobile sales, provided that:		X	SP	X	X	X
	a.	The primary function shall be the sales at retail of new or used motor vehicles.
	b.	Secondary functions may only include retail sales of used motor vehicles, motor vehicle accessories, fuel, oil, grease, antifreeze, tires and batteries and render services to the extent of installing the foregoing items, making minor mechanical adjustments, rebuild or overhaul engines, repair bodies, repaint motor vehicles, reupholster motor vehicles, steam clean automobiles or motors and wash and polish motor vehicles.
	c.	No trucks or trailers having a capacity of more than six tons (determined by the difference between the light weight and gross weight on the vehicle registration) shall be serviced or displayed.
	d.	No recapping of tires or dismantling or cannibalization of vehicles shall occur.
	e.	All display areas are screened from any adjacent residential district by a wall at least five feet high.
	f.	Adequate parking is provided on-site for all inventory, customers and employees.
	g.	Motor vehicles displayed outside a completely enclosed structure have individual signs only within such automobiles.

M.	Storage Uses		VC	C	RT6	I	IP
1.	Outside storage or display of material.		SP	SP	SP	X	X
2.	Outside storage of material as an accessory use, provided that:		X	X	X	SP	SP
	a.	It shall be fully screened from any street, highway or residential district.
	b.	No material shall be stored at a height greater than 50% of the height of the main building on the lot or 24 feet, whichever is less.
	c.	The area covered by such storage shall not exceed 25% of the area of building coverage of primary buildings for the use to which the storage is accessory except if authorized by the Commission at the time of site plan approval.
3.	Warehousing and/or storage of any commodity, except live animals and commercial explosives.		X	X	X	SP	SP
4.	As an accessory to any allowed principal use, the indoor storage, sorting, separating and shipping of construction debris provided that the use is not located within 750 feet of any residentially zoned property and is contained within a building that does not exceed 8,000 square feet.		X	X	X	SP	X

N.	Industrial Uses			VC	C	RT6	I	IP
1.	Light industrial use such as manufacturing, fabricating, processing, assembling and testing, engineering development and marketing development of products and accessory uses (such as offices, sales rooms and storage for the wholesale distribution of items manufactured and/or assembled on the premises), provided that:			X	X	X	P	P
	a.	The use shall be totally contained within the structure.
	b.	The uses shall comply with § 118-4.6D.
	c.	There shall be no outside storage.
	d.	Storage, warehouse uses and distribution centers are prohibited except as incidental to a permitted use (truck terminals are prohibited).
2.	Manufacturing, provided that:			X	X	X	P	P
	a.	Uses meet the performance standards as set forth in § 118-4.6D.
	b.	The manufacture, processing or fabrication of the commodities listed in § 118-4.6E is specifically not permitted unless such activity is:
		i.	Operated as an accessory use where the products are not manufactured as a final product for sale.
		ii.	Approved by the Commission as a Special Permit.
		iii.	Operated and maintained under the same ownership and on the same lot as the permitted uses.
3.	Contractor yard for vehicles, equipment, materials and/or supplies which complies with all of the following conditions:			X	X	X	P	X
	a.	Is properly graded for drainage, surfaced with concrete, asphaltic concrete, asphalt, oil or any other dust-free surfacing and maintained in good condition, free of weeds, dust, trash and debris.
	b.	Is provided with barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment or supplies.
	c.	Is provided with entrances and exits so located as to minimize traffic congestion.
	d.	Is provided with barriers of such type and so located that no part of parked vehicles will extend beyond the yard space or into the setback space from a zone lot line abutting a residential zone lot or separated therefrom by a street.
	e.	Lighting facilities are so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic.
4.	Production Facility (for marijuana).			X	X	X	X	X

O.	Utility/Transportation Uses	VC	C	RT6	I	IP
1.	Utilities, including gas regulation stations, telephone exchanges, pumping stations, aboveground water storage tank, water reservoirs and satellite and cable television facilities.	SP	SP	SP	SP	SP
2.	Electric substation, provided that exposed transformers shall be shielded by an enclosing fence or wall at least six feet high and adequate to obstruct view, noise and passage of persons or materials.	SP	SP	SP	SP	SP
3.	Parking and/or commercial storage of vehicles: need not be enclosed, provided that any part of such use conducted outside a completely enclosed structure shall comply with all specifications for maintenance hereinafter required for off-street parking spaces.	X	SP	SP	SP	SP
4.	Railroad facilities, but not including shops.	SP	SP	X	SP	SP
5.	Landing or takeoff area for rotorcraft, not including maintenance, repair, fueling or hangar facilities.	X	X	X	X	SP

§ 118-4.4 Dimensional standards.

Minimum lot requirements.

Requirements.

	VC	C	RT6	I	IP
a. Minimum lot area (sq. ft.)	10,000	10,000	40,000	20,000	80,000
b. Minimum lot width (feet)	100	100	140⁽¹⁾	100	100
c. Minimum lot frontage (feet)	100	100	140⁽¹⁾	100	100

Notes:
(1)	In the RT6 zone, the minimum lot width requirement for any light industrial use shall be 180 feet.

Potential exceptions. Potential exceptions to lot area, lot frontage, and/or lot width requirements may be found in § 118-4.6.

Minimum setback requirements.

Setback for yard not adjacent to residential property line^(a).

	VC	C	RT6	I	IP
a. Front (feet) - from street lot line	10	10	50	25	25
b. Front (feet) - from road centerline	-	-	75
c. Side (feet)	0	0	20	20	20
d. Rear (feet)	0	0	25	25	25

Notes:
(a)	In a Village Center Zone, an Industrial Zone or an Industrial Park zone, no setback is required where a lot line adjoins a railroad property line.

Setback for yard adjacent to residential property line.

	VC	C	RT6	I	IP
a. Front (feet)	10	10	50	50	150
b. Side (feet)	10	10	50	50	150
c. Rear (feet)	20	20	50	50	150

Potential exceptions. Potential exceptions to setback requirements may be found in § 118-4.6.

Setbacks in the IP Zoning District.

In the IP Zoning District, a yard or portion thereof, is "adjacent to Residential Property Line" and is subject to the requirements of § 118-4.4B(2) where the yard abuts property which is:

In the RM-O, R-10, RR-10, R-20, R-30, R-40, or R-80 zoning districts; and

Improved with structures containing three or less residential dwelling units in total.

Otherwise, the yard, or portion thereof, is "not adjacent to Residential Property Line" and is subject to the setbacks set forth in § 118-4.4B(1).

Maximum building coverage limitations.

	VC	C	RT6	I	IP
Maximum Building Coverage	Not limited by regulations	Not limited by regulation	Not limited by regulation	50%	35%

Maximum commercial floor area limitations.

	VC	C	RT6	I	IP
Maximum Commercial Floor Area	Not limited by regulation	Not limited by regulation	7,750 Square Feet of Public Floor area per gross acre	100% of the lot area	100% of the lot area

Maximum building height limitations.

		VC	C	RT6	I	IP⁽¹⁾
1.	Maximum building height (stories)	3	3	3*	2.5	2.5
2.	Maximum building height (feet)	40	40	40	35	35

Notes:
(1)	In the IP zone, the Commission may, by Special Permit, approve up to a four story building with a maximum building height of 50 feet.
(2)	In the Route 6 zone, the Commission may, by Special Permit, approve up to four-story building with a maximum height of 50 feet, provided that the property is solely used for one or he more of the following: hotel, motel, or motor motel provided that the rear property line is adjacent to Route I-84.

Potential exceptions. Potential exceptions to setback requirements may be found in § 118-4.6.

Moratorium.

Uses subject to moratorium.

Identified uses subject to moratorium.

Medical marijuana dispensary facility.

Medical marijuana production facility.

[3]

Expansion of existing dispensary facility.

[4]

New retail recreational marijuana facility.

Exclusions.

(Reserved)

§ 118-4.5 Architectural review.

Other zones.

§ 118-4.6 Special provisions for business/industry zones.

Lot width/frontage exceptions.

Such entry- and exit-ways are located entirely within an I Zone or an IP Zone.

Adequate provision is made, in the judgment of the Commission, that present and future access is guaranteed to properties not having the required frontage.

Adequate provision is made for access by emergency vehicles to all properties.

All properties are, in the judgment of the Commission, of such proportions as to be usable for the intended permitted use.

An agreement is filed on the land records where each property grants each other property the rights of access, egress, and passage.

Yard exceptions.

Such entry- and exit-ways are located entirely within an I Zone.

Adequate provision is made, in the judgment of the Commission, that present and future access is guaranteed to properties not having the required frontage.

Adequate provision is made for access by emergency vehicles to all properties.

All properties are, in the judgment of the Commission, of such proportions as to be usable for the intended permitted use.

An agreement is filed on the land records where each property grants each other property the rights of access, egress, and passage.

The lot is not abutted on both sides by undeveloped lots;

No front yard setback line shall be less than 30 feet from the center line of the street right-of-way or less than five feet from the street property line; and

Corner visibility as provided in § 118-6.7 shall not be limited.

Height exceptions.

The height limitations of these Regulations shall not apply in business zones to:

Flagpoles less than 50 feet in height above finished grade;

Schools, public libraries, municipal buildings, and museums which may be built to a height not to exceed three stories; or

Public utility facilities which may be built to a height not to exceed 50 feet.

Solar panels may exceed the height limitations of these Regulations, provided that:

Such panels shall not project more than 10 feet above the roof and shall be located so that no part of any such installation shall project above a 30-degree slope from the edge of the roof; and

All such appurtenances shall be screened on all sides by a solid appearing wall constructed of materials that shall be harmonious in color and texture with the adjacent facade of the building; and

Such equipment shall not have a horizontal area greater than 20% of the roof area of the building on which it is located without approval of a Special Permit by the Commission.

Noise created as a result of or relating to an emergency, including but not limited to sirens, alarms, etc.;

Construction or demolition activity during the daytime, as herein defined;

Noise created by blasting, provided that the such blasting has received appropriate permits and is conducted between 8:00 a.m. and 5:00 p.m.;

Noise created by on site recreational activities sanctioned by the state or local government, including but not limited to parades, sporting events, concerts, fireworks, etc.;

Noise generated by maintenance equipment for landscaping and snow removal, i.e., plows, mowers, etc.;

Farming activity;

(g)

Noise generated by transmission or distribution facilities and substations of public utilities;

(h)

Noise that is directly caused by flight operations specifically preempted by the Federal Aviation Administration.

Vibration. No vibration shall be transmitted and therefore felt outside the lot from which it originates. The following activities are exempted from the vibration limitation:

Vibration created as a result of or relating to an emergency;

Construction or demolition activity during the daytime, as herein defined;

Vibration created by blasting, provided that the such blasting has received appropriate permits and is conducted between 8:00 a.m. and 5:00 p.m.;

Vibration created by on site recreational activities sanctioned by the state or local government, including but not limited to parades, sporting events, concerts, fireworks, etc.;

Vibration generated by maintenance equipment for landscaping and snow removal, i.e., plows, mowers, etc.;

Vibration generated by transmission or distribution facilities and substations of public utilities,

Odor from agricultural activities, provided it is conducted in a manner as to minimize odors.

Odor from mobile sources.

Groundwater contamination via leachate and direct discharge.

Surface water contamination via runoff, overflow or direct discharge.

Air pollution via open burning, evaporation, sublimation and wind erosion.

Compliance and enforcement.

The occupant/applicant of a parcel within an I Zone or IP Zone will be solely responsible for compliance with the performance standards.

If such technical experts are hired:

The occupant/applicant shall bear the cost of such technical investigation if he is thereafter found to be in violation of the foregoing standards.

The Town shall bear the cost of such technical investigation where no violation has been found to have occurred.

Abrasives.

Alcohol distillation.

Animal by-products.

Bone black.

Brewery.

Carbon black and lampblack.

Charcoal.

Cinder and cinder blocks.

Clay and clay products.

(10)

Coal or coke.

(11)

Detergents, soaps and by-products using animal fat.

(12)

Electric power generator station.

(13)

Fermented fruits and vegetable products.

(14)

Fertilizers.

(15)

Fungicides.

(16)

Garbage truck/hauling.

(17)

Gases (other than nitrogen and oxygen).

Glass.

Glue and size.

Grain milling.

Graphite.

Gypsum and other forms of plaster base.

(23)

Insecticides.

(24)

Insulation (flammable types).

(25)

(26)

Matches.

(27)

Meat slaughtering or packing.

(28)

Metals.

(29)

Metal ingots, pigs castings, sheets or bars.

(30)

Oils and fats (animal and vegetable).

(31)

Paints, pigments, enamels, japans, lacquers, putty, varnishes, whiting and wood fillers.

(32)

Paper pulp and cellulose.

(33)

Paraffin.

(34)

Petroleum and petroleum products.

(35)

Portland and similar cements.

(36)

Refuse bin storage.

(37)

Repossession companies.

(38)

Rubber.

(39)

Sawmill or planing mill.

(40)

Serums, toxins or viruses.

Sugars and starches.

Tannery.

Turpentine.

Wax and wax products.

(45)

Wood preserving by creosoting or other pressure impregnation of wood by preservatives.

(46)

Asphalt, bituminous and cement-based concrete, stone or gravel.

(47)

Dispensary facility (for marijuana).

(48)

Production facility (for marijuana).

Bethel City Zoning Code

ARTICLE IV

Business/Industry Zones

§ 118-4.1 General purposes.

Village Center (VC) Zone. The purpose of the Village Center Zone is to maintain, enhance and promote a mixed-use, pedestrian-scale downtown area with a strong sense of place.

Commercial (C) Zone. The purpose of the Commercial Zone is to maintain and enhance areas containing commercial uses to meet the needs of Bethel residents and businesses.

Industrial (I) Zone. The purpose of the Industrial Zone is to provide for appropriate locations and standards for industrial-type uses.

Industrial Park (IP) Zone. The purpose of the Industrial Park Zone is to provide for appropriate locations and standards for industrial-type uses in a park-type environment.

§ 118-4.2 Permitted activities.

Legend
ZP	Activity allowed by Zoning Permit (ZEO) unless a Special Permit is required for the use or another activity being proposed.
SP	Activity requires obtaining a Special Permit (PZC).
X	Activity not allowed.

A.	Occupancy of Existing Space		VC	C	RT6	I	IP
1.	No new floor area is created and:		ZP	ZP	ZP	ZP	ZP
	a.	No additional parking is required; or
	b.	The parking which is available on the site is within 10% of the parking required by these Regulations.
2.	No new floor area is created, the parking available on the site is within 20% of the parking required by these Regulations, and the owner shall:		ZP	ZP	ZP	ZP	ZP
	a.	Grant the Town by deed, easement, or agreement filed in the Town Clerk's office, the right for the public to enter, exit, pass, and share parking; and
	b.	Post signage indicating that parking on the site is not reserved for the uses on the property.
3.	No new floor area is created but neither of the above conditions exist.		SP	SP	SP	SP	SP

B.	Occupancy of Existing Space	VC	C	RT6	I	IP
1.	Construction which results in less than 1,000 square feet of new floor area.	SP	ZP	ZP	ZP	ZP
2.	Construction which results in 1,000 square feet or more of new floor area.	SP	SP	SP	SP	SP

C.	Drive-Up Activities		VC	C	RT6	I	IP
1.	Drive-up window service of any kind.		SP	SP	X	SP	SP
2.	Drive-up window service of any kind, except that the Commission may limit drive-through facilities to:		X	X	SP	X	X
	a.	Locations with direct access to a signalized intersection; and
	b.	No more than 1 drive-up window per signalized intersection.

D.	Multiple Buildings Activities		VC	C	RT6	I	IP
1.	More than 1 building per lot where the applicant demonstrates that more than one building would be advisable, consistent with the area and in the best interests of the Town, because of any one or more of the following considerations:		SP	SP	SP	SP	SP
	a.	Aesthetic consistency with surrounding buildings.
	b.	Nature of the proposed use.
	c.	Traffic flow.
	d.	Other factors peculiar to the land such as shape of the lot or existing topography.

E.	Amusement Activities		VC	C	RT6	I	IP
1.	Amusement devices, as defined in these Regulations, provided that:		SP	SP	SP	X	X
	a.	Such devices are accessory to a permitted or specially permitted use.
	b.	Not more than 4 such devices shall be permitted on the premises.
	c.	All such devices shall be located within an enclosed building.
	d.	There shall be at least 150 square feet of floor space open to the general public (excluding toilet facilities) for each device to be located therein.

§ 118-4.3 Permitted uses.

Legend
P	Use is permitted in the zoning district.
SP	Use requires obtaining a Special Permit (PZC).
X	Use is not permitted in the zoning district.

A.	Retail/Wholesale Uses	VC	C	RT6	I	IP
1.	Retail Establishment, with no areas for the service or consumption of food.	P	P	P	X	X
2.	Retail Establishment, where any areas used for the service or consumption of food is 10% or less of the gross floor area and occupies less than 1,000 square feet.	P	P	P	X	X
3.	Retail store where any areas used for the service or consumption of food exceeds 10% of the gross floor area or occupies 1,000 square feet or more.	SP	SP	SP	X	X
4.	Outside storage or display of merchandise.	SP	SP	SP	X	X
5.	Retail Establishment, with sales limited to commodities that are manufactured, processed, fabricated or warehoused on the premises, provided the total floor area devoted to retail sales does not exceed 20% of the gross floor area of the building.	X	X	X	P	P
6.	Retail Establishment, with sales limited to equipment, supplies and materials designed especially for use in agriculture, mining, industry, business, transportation, building and other construction, with the exception of commercial explosives.	X	X	X	P	X
7.	Retail Establishment, with sales at wholesale of any commodity except live animals and commercial explosives.	X	X	X	P	P
8.	Brewery.	X	X	X	X	X
9.	Microbrewery.	P	P	P	X	SP
10.	Dispensary Facility.	X	X	X	X	X
11.	Retail Establishment, or portion thereof, engaged in the preparation, sale or distribution of marijuana or marijuana products.	X	X	X	X	X
12.	Retail and wholesale of propane, and storage of propane to be sold, solely as an accessory use.	X	X	X	X	P

B.	Office Uses	VC	C	RT6	I	IP
1.	General or business office.	P	P	P	P	P
2.	Medical or dental office, clinic or laboratory.	P	P	P	P	P

C.	Service Uses		VC	C	RT6	I	IP
1.	Personal service establishment (see definition), excluding tattoo parlor or massage therapy.		P	P	P	X	X
2.	Personal service establishment (see definition) tattoo artist studio subject to technical standards and policies of the Bethel Health Department and the State of Connecticut Statues, excluding massage therapy.		X	P	X	X	X
3.	Service establishment (repair, rental and/or service) of any item which is allowed to be sold in the zone, except motor vehicles and trailers.		SP	P	P	P	SP
4.	Self-service automatic laundry establishment provided:		SP	SP	SP	SP	X
	a.	It shall not contain more than 35 washers and dryers in total.
	b.	On-site washing may be provided as a service.
5.	Dry-cleaning establishment, provided that:		SP	SP	SP	X	X
	a.	No petroleum derivative solvents are used as a general cleaning solvent (may be used for spotting only).
	b.	No steam is discharged under pressure into the atmosphere.
	c.	Such establishment does not dry clean clothes from collection stations or from other plants.
6.	Child day-care center.		SP	P	P	SP	SP
7.	Adult day-care center.		SP	P	P	SP	SP
8.	Animal hospital or veterinarian office.		SP	SP	SP	P	P
9.	Pet grooming or pet training.		SP	SP	SP	P	X
10.	Pet day-care facility or pet boarding facility.		X	X	X	P	P
10.	Funeral home.
10a.	Crematory facility for the disposal by incineration of the bodies of the dead, provided:		SP	SP	SP	X	X
	a.	No such crematory facility shall be located within 2 miles of any other crematory facility;
	b.	Any discharge point from such crematory facility, such as a chimney or smokestack, shall be located at least 1,000 feet from any residence, and shall be screened from view in all directions;
	c.	Any Structure containing a retort shall be located at least 500 feet from any land zoned for residential purposes not owned by the owner of the crematory;
	d.	No more than 2 retorts shall be installed in any such crematory facility;
	e.	A dedicated loading space shall be provided which is screened from view from all roadways adjoining the property with a vegetative screen;
	f.	The crematory facility shall be located indoors within structures, including any viewing areas;
	g.	No funerals or memorial services may be conducted on the premises unless a special permit for a funeral home is issued pursuant to § 118-4.3C(10). Use of a viewing area to view the process of incineration shall not constitute a funeral or memorial service; and
	h.	The Planning & Zoning Commission may, but need not, consider an application for approval of the location of a crematory facility pursuant to Conn. Gen. Stat. § 19a-320(b) simultaneously with the required application for special permit.
11.	School for training in special occupational skills where:		X	X	SP	SP	SP
	a.	Enrollment may be open to the public or limited.
	b.	The school may include dormitories for students and instructors.

D.	Financial Institution Uses	VC	C	RT6	I	IP
1.	Bank, credit union, or savings and loan association (state or federally chartered) excluding any drive-through facilities.	P	P	P	P	X
2.	Bank, credit union, or savings and loan association (state or federally chartered) including any drive-through facilities.	SP	SP	SP	SP	X

E.	Food/Hospitality Uses		VC	C	RT6	I	IP
1.	Sit-down restaurant.		SP	P	P	X	X
2.	Sit-down restaurant accessory to a hotel, motel, or motor hotel use.		SP	SP	SP	SP	SP
3.	Outdoor dining accessory to a sit-down restaurant or microbrewery, including the placement of seating and tables out of doors and food served thereat, subject to all of the following conditions:		SP	SP	SP	SP	SP
	a.	Such service shall be accessory to an indoor restaurant or microbrewery;
	b.	The outdoor eating area shall be contiguous to the restaurant or microbrewery to which it is accessory;
	c.	The outdoor eating area shall be clearly delineated by fences, walls, or plant materials;
	d.	Such outdoor eating area must be 50 feet or more from the nearest boundary of any residential zone;
	e.	Umbrellas may be used in the outdoor eating area to provide protection from the elements, provided they are secured and weighted on the bottom and are closed when not in use. In no circumstances shall a tent or a canvas or plastic canopy be used; and
	f.	The area designated for outdoor eating shall be included in calculations for required parking.
4.	Restaurant, fast food.		X	X	SP	X	X
5.	Restaurant, other.		SP	SP	SP	SP	SP
6.	Hotel, motel or motor hotel, which may include a sit-down restaurant (but not a fast-food restaurant or any drive-through facilities), banquet hall and/or conference center.		X	SP	SP	SP	SP
7.	A catering establishment where food is prepared for delivery and consumption off the premises.		SP	SP	SP	SP	SP
8.	Brewery.		X	X	X	X	X
9.	Microbrewery.		P	P	P	SP	P
10.	Beer Garden:		X	X	SP	X	X
	a.	Minimum of 5 acres.
	b.	Can only be an accessory use to an established principle commercial use.
	c.	Must maintain 100-foot setback from any adjacent residential zone including across the street.
	d.	Events may include preparation of food and drink off site and/or by the use of food trucks.
	e.	Special events must abide by the Chapter 108, Noise, of the Code of the Town of Bethel.

F.	Recreation Uses		VC	C	RT6	I	IP
1.	Interior recreation uses, including but not limited to theater, billiard parlor, bowling alley.		SP	P	SP	SP	SP
2.	Exterior recreational uses, including but not limited to baseball batting facility, miniature golf course, tennis facilities, ice skating facilities and golf driving ranges.		SP	SP	SP	SP	SP
3.	Athletic club, provided:		SP	SP	SP	SP	SP
	a.	All activities shall take place within an enclosed building.
	b.	All activities shall be confined to members and guests and not be extended to the general public.
	c.	Primary use shall be for participatory rather than spectator sports.
	d.	Noise level shall be zero decibels ambient at any property line bordering residential property.
	e.	Screening and landscaping shall be as required in § 118-6.1.
	f.	Parking may be based on data provided by the applicant documenting similar actual use and certified by appropriate public officials in jurisdiction of actual use. If this material is not presented, parking will equal one space per player (at full capacity of the facility), plus one space per employee.
4.	Park or playground areas operated by a governmental unit.		SP	SP	SP	SP	SP

G.	Institutional Uses	VC	C	RT6	I	IP
1.	Government facilities.	SP	SP	SP	SP	SP
2.	Public services, including ambulance service, fire station, library, police station, post office and terminal for public vehicles (including repair or storage).	SP	SP	SP	SP	SP
3.	Religious facility.	SP	SP	SP	X	X
4.	Club, lodge or fraternal organization (private and operated for the benefit of the members and not for gain).	SP	SP	SP	X	X
5.	Museum.	SP	SP	SP	X	X

H.	Agricultural/Animal Uses	VC	C	RT6	I	IP
1.	Farming, forestry or horticulture.	X	P	P	P	P
2.	Nurseries and the accessory sale of produce and plants, provided the Commission shall approve areas for outside display.	X	X	X	P	X

I.	Residential Uses		VC	C	RT6	I	IP
1.	Residential use, in a structure for residential use only, with a density of up to 10 units per acre, provided the dwelling units shall meet the minimum floor area requirements of § 118-5.5E.		P	P	X	X	X
2.	Apartment in the same structure with other permitted uses, provided that:		P	P	X	X	X
	a.	The residential density shall not exceed 10 units per acre.
	b.	All apartments meet the minimum floor area requirements of § 118-5.5E of the RM-O regulations regarding apartment dwellings.
	c.	Apartments shall not be permitted on the same floor of a structure with other permitted uses.
	d.	No other permitted use shall be allowed on a floor of a structure located at a higher level than a floor containing apartments.
	e.	Apartments shall have adequate access to at least two separate entrances for emergency purposes.
3.	(Reserved)		X	X	SP	X	X
4.	Residential dwelling units (apartments, townhouses, or condominiums) which are located 275 feet or more from the centerline of the frontage street, provided that:
	a.	Such residential dwelling units are located on a lot which is at least 5 acres in size. Adjacent lots in the same ownership may be combined to meet this criteria. Land which is located in a different zoning district may be included in calculating the size of the lot or combined lots.
	b.	The lot or combined lots also contain permitted, non-residential uses located along the frontage street. The overall floor area of such non-residential uses must exceed 7,000 square feet per acre of the total land area of the lot or combined lots located within 275 feet of the centerline of the frontage street. Such non-residential uses may be partially located more than 275 feet from the centerline of the frontage street, except for a medical use, which must exceed 6,000 sf per acre of the total land area of the lot or combined lots located within 275 feet of the centerline of the frontage street.
	c.	The residential dwelling unit density does not exceed 10 units per acre.
	d.	The land area which is used exclusively for such residential dwelling units and associated infrastructure may not be used to meet any other requirement of these Regulations, and the land area of the lot is not used exclusively for such residential dwellings and associated infrastructure may not be used to calculate the residential density in paragraph c.
	e.	For purposed of this Subsection 4, the term "frontage street" shall mean State Route 6 (Stony Hill Road) even if the lot or combined lots have frontage on other streets.
	f.	Proposed dwelling units on a parcel of land shall be required to provide 20% of the total dwelling units subject to binding recorded deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which will preserve the units as housing for which persons and families pay 30% or less of income, 10% shall be required to meet the income level that is less than or equal to 60% of the area median income, and 10% shall be required to meet the income level that is less than or equal to 80% of the area median income as defined by C.G.S. § 8-30g(a)(7). A development proposal that is required to provide 20% affordable housing units shall submit an affordability plan that complies with C.G.S. § 8-30g(b) and regulations adopted pursuant thereto.

J.	Assisted Living Uses			VC	C	RT6	I	IP
1.	Assisted-living facility, congregate housing, continuing-care retirement community, or a nursing facility, provided that:			SP	SP	SP	X	X
	a.	The maximum number of dwelling units allowed shall be 20 bedrooms or bed equivalents per acre. (Efficiencies are counted as one bedroom.)
	b.	The maximum height of the building shall not exceed 2.5 stories or 35 feet, whichever is less.
	c.	The maximum allowable building coverage shall be 25%.
	d.	The minimum number of parking spaces shall be as follows:
		i.	1.5 parking spaces per each non-assisted one-bedroom unit.
		ii.	2.0 parking spaces per each non-assisted two-bedroom unit.
		iii.	0.5 parking space for each assisted-living unit.
		iv.	1.0 parking space for each employee during the largest shift.
		v.	1.0 visitor parking space for each 5 nursing home beds.

K.	Motor Vehicle Service and Repair Uses		VC	C	RT6	I	IP
1.	Gasoline filling station, provided that:		X	SP	SP	SP	X
	a.	The building coverage of all structures (including any canopies) does not exceed 25% of the area of the lot.
	b.	Services are limited to dispensing gasoline, oil, antifreeze, and motor vehicle accessories, and other convenience retail products.
	c.	All site lighting shall be extinguished floodlights at close of business or 11:00 p.m., whichever is earlier.
2.	Motor vehicle wash and/or auto detailing establishment, provided that:		X	SP	X	SP	X
	a.	The primary function shall be limited to washing and/or polishing motor vehicles only.
	b.	Secondary functions may only include retail sales of automobile accessories, oil, grease, antifreeze, tires and batteries and services related to the installation of the foregoing items.
	c.	All operations shall be completely enclosed except for the drying of vehicles and the vacuuming of the interior of vehicles.
	d.	All wastewater shall be discharged directly into the sewer.
	e.	No motor vehicles, service trucks or trailers shall be displayed.
	f.	Adequate parking is provided on-site for all customers and employees.
3.	Service of motor vehicles with more than 3 wheels (limited repair license or general repair license), provided that:		X	X	X	SP	X
	a.	A public hearing has been held before the Zoning Board of Appeals as required by law.
	b.	The building coverage of all structures (including any canopies) does not exceed 25% of the area of the lot.
	c.	For a limited repair license, services are limited to those permitted under the license.
	d.	For a general repair license, services are limited to those proposed by the applicant, permitted under the license, and approved by the Commission.
	e.	Motor vehicle sales are not permitted.
	f.	Adequate parking is provided on-site for all customers and employees.
	g.	Adequate buffers are provided to adjacent properties.
	h.	All site lighting shall be extinguished floodlights at close of business or 11:00 p.m., whichever is earlier.
4.	Service of motor vehicles with less than 3 wheels (limited repair license or general repair license), provided that:		X	SP	X	SP	X
	a.	A public hearing has been held before the Zoning Board of Appeals as required by law.
	b.	The building coverage of all structures (including any canopies) does not exceed 25% of the area of the lot.
	c.	For a limited repair license, services are limited to those permitted under the license.
	d.	For a general repair license, services are limited to those proposed by the applicant, permitted under the license, and approved by the Commission.
	e.	Motor vehicle sales are not permitted.
	f.	Adequate parking is provided on-site for all customers and employees.
	g.	Adequate buffers are provided to adjacent properties.
	h.	All site lighting shall be extinguished floodlights at close of business or 11:00 p.m., whichever is earlier.
5.	Vintage, collectible and classic motor vehicle restoration and customization, including storage and repair of vintage, classic, collector and/or custom motor vehicles together with incidental online sales.
	a.	Minimum lot area shall be 80,000 square feet.
	b.	Vehicles offered for sale shall be stored within the indoor structure.
	c.	No outdoor storage, outdoor display or outdoor repair of vehicles is permitted.
	d.	No signage or advertising the sale of used vehicles at the site shall be displayed on any structure or on the site.

L.	Motor Vehicle Sales Uses		VC	C	RT6	I	IP
1.	Automobile sales, provided that:		X	SP	X	X	X
	a.	The primary function shall be the sales at retail of new or used motor vehicles.
	b.	Secondary functions may only include retail sales of used motor vehicles, motor vehicle accessories, fuel, oil, grease, antifreeze, tires and batteries and render services to the extent of installing the foregoing items, making minor mechanical adjustments, rebuild or overhaul engines, repair bodies, repaint motor vehicles, reupholster motor vehicles, steam clean automobiles or motors and wash and polish motor vehicles.
	c.	No trucks or trailers having a capacity of more than six tons (determined by the difference between the light weight and gross weight on the vehicle registration) shall be serviced or displayed.
	d.	No recapping of tires or dismantling or cannibalization of vehicles shall occur.
	e.	All display areas are screened from any adjacent residential district by a wall at least five feet high.
	f.	Adequate parking is provided on-site for all inventory, customers and employees.
	g.	Motor vehicles displayed outside a completely enclosed structure have individual signs only within such automobiles.

M.	Storage Uses		VC	C	RT6	I	IP
1.	Outside storage or display of material.		SP	SP	SP	X	X
2.	Outside storage of material as an accessory use, provided that:		X	X	X	SP	SP
	a.	It shall be fully screened from any street, highway or residential district.
	b.	No material shall be stored at a height greater than 50% of the height of the main building on the lot or 24 feet, whichever is less.
	c.	The area covered by such storage shall not exceed 25% of the area of building coverage of primary buildings for the use to which the storage is accessory except if authorized by the Commission at the time of site plan approval.
3.	Warehousing and/or storage of any commodity, except live animals and commercial explosives.		X	X	X	SP	SP
4.	As an accessory to any allowed principal use, the indoor storage, sorting, separating and shipping of construction debris provided that the use is not located within 750 feet of any residentially zoned property and is contained within a building that does not exceed 8,000 square feet.		X	X	X	SP	X

N.	Industrial Uses			VC	C	RT6	I	IP
1.	Light industrial use such as manufacturing, fabricating, processing, assembling and testing, engineering development and marketing development of products and accessory uses (such as offices, sales rooms and storage for the wholesale distribution of items manufactured and/or assembled on the premises), provided that:			X	X	X	P	P
	a.	The use shall be totally contained within the structure.
	b.	The uses shall comply with § 118-4.6D.
	c.	There shall be no outside storage.
	d.	Storage, warehouse uses and distribution centers are prohibited except as incidental to a permitted use (truck terminals are prohibited).
2.	Manufacturing, provided that:			X	X	X	P	P
	a.	Uses meet the performance standards as set forth in § 118-4.6D.
	b.	The manufacture, processing or fabrication of the commodities listed in § 118-4.6E is specifically not permitted unless such activity is:
		i.	Operated as an accessory use where the products are not manufactured as a final product for sale.
		ii.	Approved by the Commission as a Special Permit.
		iii.	Operated and maintained under the same ownership and on the same lot as the permitted uses.
3.	Contractor yard for vehicles, equipment, materials and/or supplies which complies with all of the following conditions:			X	X	X	P	X
	a.	Is properly graded for drainage, surfaced with concrete, asphaltic concrete, asphalt, oil or any other dust-free surfacing and maintained in good condition, free of weeds, dust, trash and debris.
	b.	Is provided with barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment or supplies.
	c.	Is provided with entrances and exits so located as to minimize traffic congestion.
	d.	Is provided with barriers of such type and so located that no part of parked vehicles will extend beyond the yard space or into the setback space from a zone lot line abutting a residential zone lot or separated therefrom by a street.
	e.	Lighting facilities are so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic.
4.	Production Facility (for marijuana).			X	X	X	X	X

O.	Utility/Transportation Uses	VC	C	RT6	I	IP
1.	Utilities, including gas regulation stations, telephone exchanges, pumping stations, aboveground water storage tank, water reservoirs and satellite and cable television facilities.	SP	SP	SP	SP	SP
2.	Electric substation, provided that exposed transformers shall be shielded by an enclosing fence or wall at least six feet high and adequate to obstruct view, noise and passage of persons or materials.	SP	SP	SP	SP	SP
3.	Parking and/or commercial storage of vehicles: need not be enclosed, provided that any part of such use conducted outside a completely enclosed structure shall comply with all specifications for maintenance hereinafter required for off-street parking spaces.	X	SP	SP	SP	SP
4.	Railroad facilities, but not including shops.	SP	SP	X	SP	SP
5.	Landing or takeoff area for rotorcraft, not including maintenance, repair, fueling or hangar facilities.	X	X	X	X	SP

§ 118-4.4 Dimensional standards.

Minimum lot requirements.

Requirements.

	VC	C	RT6	I	IP
a. Minimum lot area (sq. ft.)	10,000	10,000	40,000	20,000	80,000
b. Minimum lot width (feet)	100	100	140⁽¹⁾	100	100
c. Minimum lot frontage (feet)	100	100	140⁽¹⁾	100	100

Notes:
(1)	In the RT6 zone, the minimum lot width requirement for any light industrial use shall be 180 feet.

Potential exceptions. Potential exceptions to lot area, lot frontage, and/or lot width requirements may be found in § 118-4.6.

Minimum setback requirements.

Setback for yard not adjacent to residential property line^(a).

	VC	C	RT6	I	IP
a. Front (feet) - from street lot line	10	10	50	25	25
b. Front (feet) - from road centerline	-	-	75
c. Side (feet)	0	0	20	20	20
d. Rear (feet)	0	0	25	25	25

Notes:
(a)	In a Village Center Zone, an Industrial Zone or an Industrial Park zone, no setback is required where a lot line adjoins a railroad property line.

Setback for yard adjacent to residential property line.

	VC	C	RT6	I	IP
a. Front (feet)	10	10	50	50	150
b. Side (feet)	10	10	50	50	150
c. Rear (feet)	20	20	50	50	150

Potential exceptions. Potential exceptions to setback requirements may be found in § 118-4.6.

Setbacks in the IP Zoning District.

In the IP Zoning District, a yard or portion thereof, is "adjacent to Residential Property Line" and is subject to the requirements of § 118-4.4B(2) where the yard abuts property which is:

In the RM-O, R-10, RR-10, R-20, R-30, R-40, or R-80 zoning districts; and

Improved with structures containing three or less residential dwelling units in total.

Otherwise, the yard, or portion thereof, is "not adjacent to Residential Property Line" and is subject to the setbacks set forth in § 118-4.4B(1).

Maximum building coverage limitations.

	VC	C	RT6	I	IP
Maximum Building Coverage	Not limited by regulations	Not limited by regulation	Not limited by regulation	50%	35%

Maximum commercial floor area limitations.

	VC	C	RT6	I	IP
Maximum Commercial Floor Area	Not limited by regulation	Not limited by regulation	7,750 Square Feet of Public Floor area per gross acre	100% of the lot area	100% of the lot area

Maximum building height limitations.

		VC	C	RT6	I	IP⁽¹⁾
1.	Maximum building height (stories)	3	3	3*	2.5	2.5
2.	Maximum building height (feet)	40	40	40	35	35

Notes:
(1)	In the IP zone, the Commission may, by Special Permit, approve up to a four story building with a maximum building height of 50 feet.
(2)	In the Route 6 zone, the Commission may, by Special Permit, approve up to four-story building with a maximum height of 50 feet, provided that the property is solely used for one or he more of the following: hotel, motel, or motor motel provided that the rear property line is adjacent to Route I-84.

Potential exceptions. Potential exceptions to setback requirements may be found in § 118-4.6.

Moratorium.

Uses subject to moratorium.

Identified uses subject to moratorium.

Medical marijuana dispensary facility.

Medical marijuana production facility.

[3]

Expansion of existing dispensary facility.

[4]

New retail recreational marijuana facility.

Exclusions.

(Reserved)

§ 118-4.5 Architectural review.

Other zones.

§ 118-4.6 Special provisions for business/industry zones.

Lot width/frontage exceptions.

Such entry- and exit-ways are located entirely within an I Zone or an IP Zone.

Adequate provision is made, in the judgment of the Commission, that present and future access is guaranteed to properties not having the required frontage.

Adequate provision is made for access by emergency vehicles to all properties.

All properties are, in the judgment of the Commission, of such proportions as to be usable for the intended permitted use.

An agreement is filed on the land records where each property grants each other property the rights of access, egress, and passage.

Yard exceptions.

Such entry- and exit-ways are located entirely within an I Zone.

Adequate provision is made, in the judgment of the Commission, that present and future access is guaranteed to properties not having the required frontage.

Adequate provision is made for access by emergency vehicles to all properties.

All properties are, in the judgment of the Commission, of such proportions as to be usable for the intended permitted use.

An agreement is filed on the land records where each property grants each other property the rights of access, egress, and passage.

The lot is not abutted on both sides by undeveloped lots;

No front yard setback line shall be less than 30 feet from the center line of the street right-of-way or less than five feet from the street property line; and

Corner visibility as provided in § 118-6.7 shall not be limited.

Height exceptions.

The height limitations of these Regulations shall not apply in business zones to:

Flagpoles less than 50 feet in height above finished grade;

Schools, public libraries, municipal buildings, and museums which may be built to a height not to exceed three stories; or

Public utility facilities which may be built to a height not to exceed 50 feet.

Solar panels may exceed the height limitations of these Regulations, provided that:

Such panels shall not project more than 10 feet above the roof and shall be located so that no part of any such installation shall project above a 30-degree slope from the edge of the roof; and

All such appurtenances shall be screened on all sides by a solid appearing wall constructed of materials that shall be harmonious in color and texture with the adjacent facade of the building; and

Such equipment shall not have a horizontal area greater than 20% of the roof area of the building on which it is located without approval of a Special Permit by the Commission.

Noise created as a result of or relating to an emergency, including but not limited to sirens, alarms, etc.;

Construction or demolition activity during the daytime, as herein defined;

Noise created by blasting, provided that the such blasting has received appropriate permits and is conducted between 8:00 a.m. and 5:00 p.m.;

Noise created by on site recreational activities sanctioned by the state or local government, including but not limited to parades, sporting events, concerts, fireworks, etc.;

Noise generated by maintenance equipment for landscaping and snow removal, i.e., plows, mowers, etc.;

Farming activity;

(g)

Noise generated by transmission or distribution facilities and substations of public utilities;

(h)

Noise that is directly caused by flight operations specifically preempted by the Federal Aviation Administration.

Vibration. No vibration shall be transmitted and therefore felt outside the lot from which it originates. The following activities are exempted from the vibration limitation:

Vibration created as a result of or relating to an emergency;

Construction or demolition activity during the daytime, as herein defined;

Vibration created by blasting, provided that the such blasting has received appropriate permits and is conducted between 8:00 a.m. and 5:00 p.m.;

Vibration created by on site recreational activities sanctioned by the state or local government, including but not limited to parades, sporting events, concerts, fireworks, etc.;

Vibration generated by maintenance equipment for landscaping and snow removal, i.e., plows, mowers, etc.;

Vibration generated by transmission or distribution facilities and substations of public utilities,

Odor from agricultural activities, provided it is conducted in a manner as to minimize odors.

Odor from mobile sources.

Groundwater contamination via leachate and direct discharge.

Surface water contamination via runoff, overflow or direct discharge.

Air pollution via open burning, evaporation, sublimation and wind erosion.

Compliance and enforcement.

The occupant/applicant of a parcel within an I Zone or IP Zone will be solely responsible for compliance with the performance standards.

If such technical experts are hired:

The occupant/applicant shall bear the cost of such technical investigation if he is thereafter found to be in violation of the foregoing standards.

The Town shall bear the cost of such technical investigation where no violation has been found to have occurred.

Abrasives.

Alcohol distillation.

Animal by-products.

Bone black.

Brewery.

Carbon black and lampblack.

Charcoal.

Cinder and cinder blocks.