Bethel City Zoning Code
ARTICLE V
Special Zones
§ 118-5.1 Floodplain overlay zone and floodplain management.
A.
Purpose. The Floodplain Overlay Zone, as shown on the official Zoning Map, is intended to provide reasonable notice to persons regarding property that may be subject to the effects of flooding. It is the purpose of the floodplain management regulations to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1)
Protect human life and health.
(2)
Minimize expenditure of public money for costly flood-control projects.
(3)
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
(4)
Minimize prolonged business interruptions.
(5)
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines and streets and bridges located in areas of special flood hazard.
(6)
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
(7)
Ensure that potential buyers are notified that property is in an area of special flood hazard.
(8)
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
B.
Statutory authorization. The legislature of the State of Connecticut has in Title 7, Chapter 98, § 7-148(c)(7)(A) and Title 8, Chapter 124, § 8-2, of the General Statutes delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Planning & Zoning Commission of the Town of Bethel does ordain as follows:
C.
Finding of fact.
(1)
The flood hazard areas of Bethel are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(2)
These flood losses are caused by the cumulative effect of obstructions in the floodplains causing increases in flood heights and velocities, and by the occupancy in flood areas by uses vulnerable to floods or hazards to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from flood damage. Uncontrolled development and use of the floodplains can adversely affect the community.
(3)
The Town of Bethel has voluntarily participated in the National Flood Insurance Program (NFIP) since April 23, 1984. The NFIP is founded on a mutual agreement between the federal government and each participating community. Local, state and federal governments must share roles and responsibilities to meet the goals and objectives of the NFIP. The community's role is of paramount importance. Property owners are able to receive federally subsidized insurance only of the community enacts and enforces the minimum floodplain regulations for participation in the NFIP.
D.
Objectives. In order to accomplish its purposes, this regulation includes methods and provisions for:
(1)
Restricting or prohibiting which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
(2)
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(3)
Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters.
(4)
Controlling filling, grading, dredging and other development which may increase flood damage.
(5)
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other areas.
E. APPEAL AREA OF SHALLOW FLOODING AREA OF SPECIAL FLOOD HAZARD BASE FLOOD BASE FLOOD ELEVATION (BFE) BASEMENT COST DEVELOPMENT ELEVATED BUILDING EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FINISHED LIVING SPACE FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD or FLOODING FLOODWAY FLOOR FUNCTIONALLY DEPENDENT USE OR FACILITY HISTORIC STRUCTURE(1) (2) (3) (4) LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION MARKET VALUE MEAN SEA LEVEL NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION RECREATIONAL VEHICLE(1) (2) (3) (4) START OF CONSTRUCTION STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT VARIANCE VIOLATION WATER SURFACE ELEVATION
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application. As used in this section, the following words shall have the meanings indicated:
A request for a review of the Planning & Zoning Official's interpretation of any provision of this section or a request for a variance.
A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
The flood having a 1% chance of being equaled or exceeded in any given year.
The elevation of the crest of the base flood (100-year flood). The height in relation to mean sea level (NAVD of 1988) expected to be reached by waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.
That portion of a building having its floor sub-grade (below ground level) on all sides.
As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds and gazebos.
Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities located within the area of special flood hazard.
A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date, April 23, 1984, of the floodplain management ordinance adopted by the community.
The preparation of additional sites by the construction of facilities for servicing the lots on which manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
The federal agency that administers the National Flood Insurance Program (NFIP).
As related to fully enclosed areas below the base flood elevation (BFE), a space that is, but is not limited to, heated and/or cooled, contains finished floors (tile, linoleum, hardwood, etc.), has sheetrock walls that may or may not be painted or wallpapered, and other amenities such as furniture, appliances, bathrooms, fireplaces, and other items that are easily damaged by floodwaters and expensive to clean, repair or replace.
The official map on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
The official report provided by Federal Emergency Management Agency (FEMA) that includes flood profiles and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
The top surface of an enclosed area in a building, including basement, i.e., top of slab in concrete-slab construction or top of wood flooring in wood-frame construction. The term does not include the floor of a garage used solely for parking vehicles.
A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor if provided that such an area meets the design requirements specified in § 118-5.1K of this regulation.
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes recreational vehicles, park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
The value of the structure shall be determined by the appraised value of the structure prior to the start of the initial repair or improvement, or in the case of damage, the value of the structure prior to the damage occurring.
For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
Structures for which the start of construction commenced on or after April 23, 1984, the effective date of this section.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date, April 23, 1984, of the floodplain management regulation adopted by the community.
A vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal projection;
Designed to be self propelled or permanently towable light a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction or improvement was within 180 days of the permit date. The "actual start" means the first placement of permanent construction of a structure, including a manufactured home, on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond the stage of excavation or placement of a manufactured home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of a building.
A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank or other man-made facilities or infrastructures.
Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any combination of repairs, reconstruction, alteration or improvements to a structure, taking place over a three-year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure. The market value of the structure should be the appraised value of the structure prior to the start of the initial repair or improvement or, in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.
A grant of relief by a community from the terms of the floodplain management regulation that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.
A failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
The height, in relation to North American Vertical Datum (NAVD) of 1988 or other datum, where specified, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
F.
General provisions.
(1)
Applicability. This section shall apply to all areas of special flood hazard within the jurisdiction of Bethel, Connecticut.
(2)
Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for Fairfield County, Connecticut, dated June 18, 2010, and accompanying Flood Insurance Rate Maps (FIRM), dated June 18, 2010, and other supporting data applicable to the Town of Bethel, and any subsequent revisions thereto, are adopted by reference and declared to be a part of these Regulations. Since mapping is legally adopted by reference into these Regulations, it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA. The areas of special flood hazard include any area shown on the FIRM as Zones A and AE, including areas designated as a floodway on a FIRM. Areas of special flood hazard are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the FIS for a community. BFEs provided on a FIRM are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. The Flood Insurance Study is on file at the Town Clerk's office, Bethel, Connecticut.
(3)
Compliance required. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this section and other applicable regulations.
(4)
Construal of provisions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(6)
Warning and disclaimer of liability. The degree of flood protection required by these Regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These Regulations does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on these Regulations or any administrative decision lawfully made thereunder.
G.
Administration.
(1)
Zoning permit. A zoning permit shall be obtained before construction or development begins within any area of special flood hazard established in § 118-5.1F(2). An application for a zoning permit shall be made on forms furnished by the Planning & Zoning Official and may include but not be limited to plans, in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
(a)
The elevation, in relation to mean sea level, of the lowest floor, including basement, of all structures.
(b)
The elevation, in relation to mean sea level, to which any structure has been floodproofed.
(c)
Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in § 118-5.1J(3).
(d)
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(2)
Designation of Flood Plain Manager. The Bethel Planning and Zoning Official is hereby appointed as Flood Plain Manager responsible for administering and implementing these Regulations by granting or denying development permit applications in accordance with its provisions.
(3)
Duties and responsibilities of Planning & Zoning Official. The duties and responsibilities of the Planning & Zoning Official shall include but not be limited to:
(a)
Permit review. The Planning & Zoning Official shall:
[1]
Review all zoning permits to determine that the permit requirements of this section have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding.
[2]
Review all zoning permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
[3]
Review all zoning permits to determine if the proposed development adversely affects the flood-carrying capacity of the areas of special flood hazard. For purposes of these Regulations, "adversely affects" means that the cumulative effects of proposed development which, combined with all other existing and anticipated development, increases the water surface elevation of the base flood more than one foot at any point.
(4)
Use of other base flood data. When base flood elevation data or floodway data has not been provided in accordance with § 118-5.1F(2), Basis for establishing areas of special flood hazard, the Planning & Zoning Official shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer § 118-5.1J, Specific standards, residential construction and specific standards, nonresidential construction.
(5)
Information to be obtained and maintained. The Planning & Zoning Official shall:
(a)
Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially improved structures.
(b)
For all new or substantially improved flood-proofed structures:
[1]
Verify and record the actual elevation, in relation to mean sea level;
[2]
Maintain the flood-proofing certifications required in § 118-5.1G(1)(c); and
[3]
Maintain for public inspection all records pertaining to the provisions of these Regulations.
(6)
Alteration of watercourses. The Planning & Zoning Official shall:
(a)
Notify adjacent communities and the Department of Environmental Protection prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.
(b)
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(7)
Interpretation of FIRM boundaries. The Planning & Zoning Official shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 118-5.1H.
H.
Variance procedures.
(1)
Establishment of variance procedures.
(a)
The Planning & Zoning Commission, as established by the Town of Bethel, shall hear and decide appeals and requests for variances from the requirements of section.
(b)
The Planning & Zoning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Planning & Zoning Official in the enforcement or administration of this section.
(c)
Any person aggrieved by the decision of the Planning & Zoning Commission or any person owning land which abuts or is within a radius of 100 feet of the land in question may appeal within 15 days after such decision to the Connecticut Superior Court of Danbury, as provided in Section 8-8 of the General Statutes of Connecticut.
(d)
The (local administrator) shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency (FEMA)
(2)
Specific situation variances.
(a)
Buildings on a historic register. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places. The State Inventory of Historic Places, or any locally adopted historic district without regard to the procedures set forth in the remainder of this section and provided the proposed reconstruction, rehabilitation or restoration will not result in the structure losing its historical designation.
(b)
Functionally dependant use or facility. Variances may be issued for new construction and substantial improvements and other development necessary for the conduct of a functionally dependant use or facility provided the structure or other development is protected by methods that minimize flood damage, creates no additional threat to public safety and meets all the requirements of § 118-5.1I.
(c)
Floodway prohibition. Variances shall not be issued within any designated floodway if any increase in the flood levels during the base flood discharge would result.
(3)
Considerations for granting of variances. In passing upon such applications, the (local appeal board) shall consider all technical evaluations, all relevant factors, all standards specified in other sections of the (ordinance/regulation) and the items listed below:
(a)
Upon consideration of these factors and the purposes of this (ordinance/regulation), the (local appeal board) may attach such conditions to the granting of variances as it deems necessary to further the purposes of this (ordinance/regulation).
(b)
The danger that materials may be swept onto other lands to the injury of others;
(c)
The danger to life and property due to flooding or erosion damage;
(d)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(e)
The importance of the services provided by the proposed facility to the community;
(f)
The necessity of the facility to waterfront location, in the case of a functionally dependent facility;
(g)
The availability of alternative locations not subject to flooding or erosion damage for the proposed use;
(h)
The compatibility of the proposed use with existing and anticipated development;
(i)
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(j)
The safety access to the property in times of flood for ordinary and emergency vehicles;
(k)
The expected heights, velocity, duration, rate and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
(l)
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
(4)
Conditions for variances.
(a)
Variances shall only be used upon a determination that the variance is the minimum necessary to afford relief considering the flood hazard; and in the instance of a historical building, a determination that the variance is the minimum necessary as not to destroy the historic character and design of the building and result in the loss of historic designation of the building. Variances pertain to a piece of property and are not personal in nature. A properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the regulations would create an exceptional hardship to the applicant or the surrounding property owners. These characteristics must be unique to that property and not be shared by adjacent parcels. For example, economic or financial hardship is not sufficient cause for a variance, nor are inconvenience, aesthetic considerations, physical handicaps, personal preferences or disapproval of one's neighbors.
(b)
Variances shall only be used upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship; and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, damage the rights of property values of other persons in the area, cause fraud on or victimization of the public, or conflict with existing local laws, ordinances or regulations. Only hardships that are based on unusual characteristics of the property in question, characteristics that are not shared by adjacent parcels, shall qualify to meet item (ii) above. Claims of hardship based on the structure, on economic gain or loss, or on personal or self-centered circumstances are not sufficient cause for the granting of a variance.
(c)
No variance may be issued within a regulatory floodway that will result in any increase in the 100-year flood levels. A variance may be issued for new construction, substantial improvements and other development necessary for the conduct of a "functionally dependant use" provided that there is good sufficient cause for providing relief; and the variance does not cause a rise in the 100-year flood level within a regulatory floodway. The structure and other development must be protected by methods that minimize flood damages.
(d)
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation (BFE), and that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation.
I.
General standards. In all areas of special flood hazard, the following standards are required:
(1)
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2)
Construction materials and methods.
(3)
Utilities.
(a)
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(b)
New and replacement sanitary sewage or septic systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into the floodwaters.
(c)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(d)
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4)
Subdivision proposals.
(a)
All subdivision proposals shall be consistent with the need to minimize flood damage.
(b)
All subdivision proposals shall have public utilities and facilities such as septic, gas, electrical and water systems located and constructed to minimize flood damage.
(c)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(d)
Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres, whichever is less.
(5)
Equal conveyance. Within the floodplain, except those areas which are tidally influenced, as designated on the Flood Insurance Rate Map (FIRM) for the community, encroachments resulting from filling, new construction or substantial improvements involving an increase in footprint of the structure, are prohibited unless the applicant provides certification by a registered professional engineer demonstrating, with supporting hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that such encroachments shall not result in any (0.00 feet) increase in flood levels (base flood elevation). Work within the floodplain and the land adjacent to the floodplain, including work to provide compensatory storage shall not be constructed in such a way so as to cause an increase in flood stage or flood velocity.
(6)
Compensatory storage. The water holding capacity of the floodplain, except those areas which are tidally influenced, shall not be reduced. Any reduction caused by filling, new construction or substantial improvements involving an increase in footprint to the structure, shall be compensated for by deepening and/or widening of the floodplain. Storage shall be provided on-site, unless easements have been gained from adjacent property owners; it shall be provided within the same hydraulic reach and a volume not previously used for flood storage; it shall be hydraulically comparable and incrementally equal to the theoretical volume of flood water at each elevation, up to and including the 100-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Compensatory storage can be provided off-site if approved by the municipality.
(7)
Aboveground storage tanks. Above-ground storage tanks (oil, propane, etc.) which are located outside or inside of the structure must either be elevated above the base flood elevation (BFE) on a concrete pad, or be securely anchored with tie-down straps to prevent flotation or lateral movement, have the top of the fill pipe extended above the BFE, and have a screw fill cap that does not allow for the infiltration of flood water.
(8)
Portion of structure in flood zone. If any portion of a structure lies within the special Flood Hazard Area (SFHA), the entire structure is considered to be in the SFHA. The entire structure must meet the construction requirements of the flood zone. The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure. Decks or porches that extend into a more restrictive flood zone will require the entire structure to meet standards of the most restrictive zone.
(9)
Structures in two flood zones. If a structure lies within two or more flood zones, the construction standards of the most restrictive zone apply to the entire structure (i.e., V zone is more restrictive than A zone; structure must be built to the highest BFE). The structure includes any attached additions, garages, decks, sunrooms, or any other structure attached to the main structure. Decks or porches that extend into a more restrictive zone will require the entire structure to meet the requirements of the more restrictive zone.
(10)
No structures entirely or partially over water. New construction, substantial improvements and repair to structures that have sustained substantial damage cannot be constructed or located entirely or partially over water unless it is a functionally dependent use or facility.
J.
Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 118-5.1F(2), Basis for establishing areas of special flood hazard, or § 118-5.1G(4), Use of other base flood data, the following provisions are required:
(1)
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation.
(2)
Manufactured homes.
(a)
All manufactured homes, including recreational vehicles placed on a site for 180 consecutive days or longer, to be placed or substantially improved in Zones A and AE shall be elevated so that the lowest floor is above the base flood elevation. This includes manufactured homes located outside a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an existing manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or on a site in an existing park which a manufactured home has incurred substantial damage as a result of a flood.
(b)
It shall be placed on a permanent foundation, which itself is securely anchored and to which the structure is securely anchored, so that it will resist flotation, lateral movement and hydrostatic and hydrodynamic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
(c)
Recreational vehicles placed on a site for more than 180 days or longer must meet the elevation and anchoring requirements listed above. Recreational vehicles on site for fewer than 180 consecutive days must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions.
(3)
Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:
(4)
Fully enclosed areas below the base flood elevation. All new construction and substantial improvements, whether residential or non-residential, that include fully enclosed areas formed by a foundation and other exterior walls below the base flood elevation (BFE) of an elevated building shall be designed to preclude finished living space and be designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls (wet flood-proofing). Designs for complying with this requirement must either be certified by a registered professional engineer or architect, or meet the following minimum criteria listed in Subsections J(4)(a) through (g) below:
(a)
Provide a minimum of two openings (hydraulic flood vents) having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding. These hydraulic openings must be located on at least two different walls. Only the area (square footage) that lies below the BFE can be used in the calculation of net area of vents required. If the structure has more than one enclosed area, openings must be installed in the exterior walls of each enclosed area so that flood waters can enter directly from the outside;
(b)
The bottom of all openings shall be no higher than one foot above the finished grade adjacent to the outside of the foundation wall. At least one entire side of the structure's fully enclosed area must be at or above grade. Fill placed around the foundation walls must be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the building. The finished floor of the enclosed area shall be no lower than the bottom of the foundation openings. The foundation slab of a residential structure, including the slab of a crawlspace, must be set equal to the outside finished grade on at least one side of the building;
(c)
The openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic entry and exit of flood waters in both directions without any external influence or control such as human intervention, including the use of electrical and other non-automatic mechanical means. These coverings must not block or impede the automatic flow of floodwaters into and out of the enclosed area. Other coverings may be designed and certified by a registered professional engineer or approved by the Planning & Zoning Official;
(d)
The area cannot be used as finished living space. Use of the enclosed area shall be the minimum necessary and shall only be used for the parking of vehicles, building access or limited storage. Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The enclosed area shall not be used for human habitation or partitioned into separate rooms;
(e)
All interior walls, floor, and ceiling materials located below the BFE shall be unfinished and resistant to flood damage;
(f)
Electrical, plumbing, HVAC ductwork, machinery or other utility equipment and connections that service the structure (including, but not limited to, furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation, washer and dryer hook-ups, electrical junction boxes, circuit breaker boxes and food freezers) are prohibited in the fully enclosed area below the BFE. Utilities or service equipment located in this enclosed area, even if elevated above the BFE in the space, will subject the structure to increased flood insurance rates;
(g)
A residential building with a structurally attached garage having the floor slab below the BFE is considered an enclosed area below the BFE and must meet the standards of § 118-5.1J(4)(a) through (g). A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of floodwaters in both directions. Flood openings or vents are required in the exterior walls of the garage or in the garage doors. Garage doors that must be manually opened do not meet the flood vent opening requirements in § 118-5.1J(4)(a) through (c). In addition to the automatic entry of floodwaters, the areas of the garage below BFE must be constructed with flood resistant materials. Garages attached to non-residential structures must also meet the aforementioned requirements or be dry floodproofed as per the requirements of § 118-5.1.J(3).
K.
Floodways. Located within areas of special flood hazard established in § 118-5.1F(2) or § 118-5.1G(4), are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(1)
Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited unless certification, with supporting technical data, by a registered professional engineer is provided demonstrating, through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, which encroachments shall not result in any (0.00 feet) increase in flood levels during the occurrence of the base flood discharge.
(3)
Should floodway data be obtained for an unnumbered A Zone, a floodway capable of conveying the base flood without increasing the water surface elevation more than one foot at any point shall be designated.
(4)
When utilizing data other than that provided by the Federal Emergency Management Agency, the following standard applies: select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any one point.
§ 118-5.2 Aquifer Protection Overlay Zone.
A.
Purpose. The purpose of the Aquifer Protection Overlay Zone, as shown on the official Zoning Map, is to preserve the quality and quantity of the groundwater supply by regulating land uses which may cause contamination of designated aquifers and aquifer recharge areas.
B.
Standards. Principal and accessory buildings, structures, uses, and activities allowed in the underlying zone are permitted in the Aquifer Protection Overlay Zone, provided that they comply with the requirements of the Town Code Ordinance #116 relating to aquifer protection[1] and any requirements of the Inland Wetlands Commission, acting as the administrator of the aquifer protection standards.
§ 118-5.3 Water Supply Protection Overlay Zone.
A.
Purpose. It is the purpose and intent of the Water Supply Protection Overlay Zone (WSPOZ) to:
(1)
To protect existing and potential public surface water supply watershed areas from sources of contamination;
(2)
To protect areas of high groundwater availability from sources of contamination;
(3)
To promote public health and the general welfare of the community; and
(4)
To promote environmental protection.
B.
Use regulations. In addition to other provisions of these Regulations, the following regulations shall apply for all lots or portions of lots located within the designated water supply watershed protection areas:
(1)
The following uses are prohibited within the WSPOZ:
(a)
Manufacture, use, storage, or disposal of hazardous materials in any watershed area without a spill prevention, control, and countermeasure (SPCC) plan approved by the Inland Wetlands Commission acting in a water resource protection capacity.
(b)
Sanitary landfill, septage lagoon, or wastewater treatment facility for municipal or industrial wastes.
(c)
Junkyard, salvage yard.
(d)
Truck terminal or bus parking facility with 10 or more parking spaces.
(e)
Gasoline station, auto repair, auto body shop without a spill prevention, control, and counter-measure (SPCC) plan approved by the Inland Wetlands Commission acting in a water resource protection capacity.
(f)
Bulk storage of road salt for commercial or municipal purposes.
(g)
Any use which is not allowed in the respective zoning district.
(2)
Any parking area within the WSPOZ containing 10 or more parking spaces shall, when constructed or reconstructed, have a treatment system:
(3)
Any development within the WSPOZ shall provide an acceptable means of pretreatment of runoff as approved by the Inland Wetlands Commission acting in a water resource protection capacity.
(a)
For the purposes of this subsection, acceptable pretreatment measures will be evaluated in terms of their compliance with current best management practices as published by Federal and/or State agencies.
(4)
Any stormwater management system, utilities installation, environmental enhancements, or other structures shall be designed, installed and maintained so as to minimize any detrimental effect on ground water and/or surface water quality as determined by the Inland Wetlands Commission acting in a water resource protection capacity.
(5)
Maintenance agreements, including but not limited to agreements with respect to the maintenance and upkeep of soil and vegetative covers for the land and/or covenants acceptable to the Town of Bethel, shall be given by the owner of the land to the Town of Bethel to assure compliance with these requirements.
(6)
Earth changes shall be prohibited on slopes greater than 25%, unless the Commission receives a report from the Inland Wetlands Commission acting in a water resource protection capacity which documents that erosion control measures provided with the plan are adequate to meet the purpose and intent of these Regulations and to protect public health, safety and welfare.
C.
Environmental Analysis.
(1)
An Environmental Analysis shall be submitted with any application for a Special Permit, subdivision, site plan, or excavation permit involving lots or portions of lots located within a water supply protection overlay zone.
(2)
The Environmental Analysis shall be prepared and certified by a qualified soils scientist or licensed engineer and shall contain at least the following information:
(a)
Impact of the project upon ground and surface water quality and ground water recharge based on applicable water quality standards and including the estimated phosphate and nitrate loading on ground water and surface water from new streets, driveways, septic tanks, lawn fertilizer, and other activities within the development.
(b)
Capability of soils, vegetative cover, and proposed erosion control measures to support the proposed development and to prevent erosion, silting or other instability.
(c)
Certification that the development shall not cause a diversion of existing drainage water from a reservoir where such diversion would result in a net decrease of volume over what now enters such reservoir.
D.
Plan notation.
(1)
All site plans submitted for permitted uses, Special Permit uses, and excavation permits, and all plot plans submitted for the issuance of a Zoning Permit, shall note that the proposed development is subject to all the applicable requirements of the Zoning Regulations pertaining to the Water Supply Protection Zone.
§ 118-5.4 Village District Overlay Zone.
A.
Purpose. The Village District Overlay Zone in Bethel, adopted under the authority of C.G.S. § 8-2j, is established to:
(1)
Enhance the historic character of downtown Bethel and aid in the preservation and restoration of its architectural assets;
(2)
Ensure that the exterior design of buildings and sites in downtown Bethel is in harmony with the character of the area;
(3)
Encourage high quality building and site design; and
(4)
Result in development which is compatible with the character of the community.
B.
Applicability. Any new construction or remodeling of the exterior of a building within the Village District Overlay Zone shall be subject to the provisions of this section.
C.
Uses/activities.
(1)
Uses permitted in the underlying zone are allowed in the Village District Overlay Zone subject to the same conditions.
(2)
Activities permitted in the underlying zone are allowed in the Village District Overlay Zone subject to the same conditions.
(3)
Within the Village District Overlay Zone, the Commission may, by Special Permit, allow the creation of an accessory dwelling unit provided that it is in conformance with the provisions of § 118-3.6C, except that the Commission may:
(4)
The Commission may, by Special Permit, allow an increase in lot coverage where such increase will help accomplish the purposes of this zone.
D.
Referral to Village District Consultant.
(1)
Applications subject to the provisions of this section shall, upon acceptance of a complete application, be referred to the Village District Consultant (VDC) appointed by the Commission.
(3)
The application shall be reviewed by the VDC in relation to the design guidelines of this section.
(4)
The VDC shall provide a written report regarding the application no later than 30 days from the date of acceptance of a complete application.
(5)
Failure of the VDC to provide a written report within the prescribed period shall be construed as a finding of design appropriateness and consistency except that a request from the VDC for resubmission of the application based on the VDC recommendations shall not be considered failure to act.
E.
Following referral.
(1)
A report from the VDC shall be considered by the Commission as part of any application procedure requiring Commission approval.
(2)
When the application only requires a Zoning Permit or other Staff approval, Staff shall have the authority to issue the Zoning Permit or other Staff approval upon:
(3)
When the application requires a Zoning Permit or other Staff approval and the VDC has issued a report which does not indicate a finding of design appropriateness and consistency, the applicant may:
§ 118-5.5 Planned Residential Development Zone (PRD).
A.
Purpose. The Planned Residential Development Zone (PRD) is intended to allow for housing developments which will help meet the identified housing needs of Bethel residents. The PRD zone is a floating zone to be designated on the Zoning Map after approval by the Commission of a zone change to PRD and approval of an accompanying special permit for the PRD schematic development plan.
B.
Zone eligibility requirements. The Commission may establish a PRD Zone, provided the site meets the following criteria:
(1)
The site shall contain no less than 20 acres.
(2)
The site shall be in a residential zone.
(3)
The site shall be served by public sewers capable of handling the needs of the development.
(4)
The site shall be served by a public water supply capable of handling the demand required by the development for both potable water and fire-fighting service.
(5)
The site shall be suitable for the construction of interior roads, buildings and development features.
(6)
The development of the site shall be compatible with the surrounding neighborhood and shall be designed to preserve the value of neighboring properties.
(7)
The site shall be served by roads suitable in design and capacity for the traffic to be generated by the development. The developer may be required to make reasonable improvements to Town or state roads that are directly related to the accommodation of the new development traffic.
C.
Uses permitted by special permit.
(1)
Active adult community. Housing units in a Planned Residential Development may be configured as an active adult community as defined in these Regulations, with single-family detached structures and/or structures with two, three or four units therein, provided that:
(a)
No less than 80% of the total dwelling units in the active adult community shall be active adult units occupied by at least one person 55 years of age or older, in order to meet and maintain the requirements for designation as active adult housing units pursuant to 42 U.S.C. § 3607:
(b)
Unless waived by the Commission, the applicant shall designate at least 10% of the total number of units as "affordable," using the criteria in C.G.S. § 8-30g to determine price of the unit and eligibility of the purchasers, for persons and families whose income is less than or equal to 80% of the area median income.
(2)
Mixed housing community. Housing units in a Planned Residential Development may be configured as mixed housing community with single-family detached structures and/or structures with two, three or four units therein, provided that:
(a)
No less than 50% of the total dwelling units in the mixed housing community shall be active adult units occupied by at least one person 55 years of age or older, in order to meet and maintain the requirements for designation as active adult housing units pursuant to 42 U.S.C. § 3607:
(b)
The remaining units may, with approval of the Commission, consist of a non-age-restricted component, provided that such component shall be age-targeted by design and construction.
(c)
Unless waived by the Commission, the applicant shall designate at least 15% of the total number of units in the mixed housing community as "affordable," using the criteria in C.G.S. § 8-30g to determine price of the unit and eligibility of the purchasers, for persons and families whose income is less than or equal to 80% of the area median income, provided that at least 50% of the affordable units must be located in the age-restricted portion of the development.
D.
Overall requirements.
(1)
Housing units in a Planned Residential Development shall, unless waived by the Commission, be a common ownership interest community as defined by C.G.S. Chapter 828.
(2)
Dwelling units designated as "active adult housing units" shall have association documents and deed restrictions, which shall be filed in the Land Records of the Town of Bethel, limiting occupancy as follows:
(a)
The active adult units shall be occupied by at least one person 55 years of age or older and not more than two additional people such as a spouse, children, or other related persons who are aged 18 or older, except that such units may be occupied by a spouse under the age of 55, children, or other related persons who are aged 18 or older, in the event that:
[1]
They have survived the individual occupying the dwelling who was aged 55 or older and at least one of the occupants has an ownership interest in the dwelling.
[2]
The individual occupying the dwelling aged 55 or older has entered into a long-term continuing care facility and at least one of the occupants has an ownership interest in the dwelling.
(b)
The purchase of a dwelling unit for investment purposes by an entity or an individual not intending to occupy the dwelling unit is prohibited, except that a nonresident family member may purchase up to one unit for a family member who will reside in the dwelling unit and otherwise comply with the requirements of this section.
(3)
The management entity shall verify annually to the Zoning Enforcement Officer that the active adult community development is in compliance with the occupancy requirements of this section, including compliance with 42 U.S.C. § 3607.
(4)
In accordance with C.G.S. § 8-12, the Town of Bethel, acting through its duly appointed officials, may enter onto the premises for the purpose of verifying compliance with federal, state and local laws, rules and regulations, including the approvals issued in connection with the development. As a condition of approval, each applicant, owner or resident's association shall provide legal documents which shall hold harmless and indemnify the Town of Bethel and its duly appointed officials from any claims or liability arising from the corrections of violations cited. The form of such documents shall be acceptable to the Commission's counsel and the Commission. The provisions of this subsection shall survive the issuance of any certificate of occupancy or certificate of zoning compliance.
(5)
In the event such verification inspections determine that corrective action is necessary to bring the development into compliance with any laws, rules and regulations, the official of the Town of Bethel performing the inspection shall, in writing, cite the violations and require corrective action within a reasonable period of time. Failure to perform the required corrective action shall be considered a violation of the Zoning Regulations and be subject to such fines and penalties as prescribed by statute or regulation.
E.
Dimensional standards.
1. | Maximum Density | 6 units per acre of buildable land | |
2. | Maximum Impervious Coverage | 50% | |
3. | Minimum Perimeter Setback for any structure or parking area | 50 feet | |
4. | Minimum Building Separation | 15 feet | |
5. | Minimum Front Setback | 20 feet | |
6. | Minimum Side Setback | ||
a. | Principal Uses | 5 feet min., 15 feet total | |
b. | Accessory Uses | 5 feet | |
7. | Minimum Rear Setback | ||
a. | Principal Uses | 35 feet | |
b. | Accessory Uses | 10 feet | |
8. | Minimum Floor Area Per Dwelling unit | 1,200 square feet | |
9. | Maximum Building Height | 35 feet | |
10. | Minimum Common Open Space Requirement (may include environmentally sensitive land, including but not limited to wetlands and watercourses, floodplains, slopes of 25% or greater and areas of unique wildlife habitat) | 35% | |
F.
Design standards.
(1)
Traffic access. At least two independent means of access shall be provided for the project, one of which may be designated as an emergency access. Any access labeled for emergency use shall be constructed according to the recommendations of the Town's Engineer and with approval from appropriate municipal emergency service personnel. The emergency road must be a minimum of 18 feet in width.
(2)
Road construction. All private roads within and providing access to the active adult community shall be designed and constructed in accordance with the road construction specifications set forth in §§ 82-5 through 82-14 of the Road Regulations of the Town of Bethel, as amended, except that the Commission may modify the specifications for curbing, and width of cul-de-sac roads may be a minimum of 22 feet. The main access road shall be a minimum of 24 feet in width. Private roads shall be permanently restricted as private roads and shall be shown on the site plan as private roads, not to be deeded to the Town of Bethel.
(3)
Parking. Parking requirements shall be in accordance with § 118-6.2, as may be amended. At a minimum, there shall be an average of one garage per unit. Driveways may be counted as a parking space, provided there is a minimum of 22 feet in depth of paved area. The Commission may require additional parking for visitors at locations throughout the development.
(4)
Fire protection. The development must be provided with adequate fire-fighting facilities, including water storage and/or hydrants as may be required by the Fire Department and the Fire Marshal.
(5)
Utilities. All utilities shall be located underground.
G.
Approval process.
(1)
No zone change to Planned Residential Development Zone (PRD) shall be approved without approval of an accompanying special permit for a PRD schematic development plan (the "plan").
(2)
The PRD schematic development plan shall be a schematic concept plan drawn to a scale of one inch = 100 feet, which shall show:
(3)
The application shall also include a narrative statement describing the proposed use of the proposed structures and facilities and the narrative statement together with the PRD schematic development plan shall be controlling as to the uses permitted on the site and the layout and development of the site.
(4)
An application for site plan, pursuant to § 118-8.4 of these Regulations and consistent with the conditions of the special permit for the PRD schematic plan, shall be submitted within one year following the approval of the zone change and the special permit for the PRD schematic development plan. The Commission may grant an extension for one additional period of one year for the filing of the site plan.
(5)
The site plan, in addition to meeting the requirements of § 118-8.4 of these Regulations and the conditions of the special permit, shall be consistent with the PRD schematic plan and shall contain the proposed declaration of condominium and bylaws for the project. The Commission shall approve, modify and approve, or disapprove the site plan based upon conformance with the special permit for the PRD schematic development plan and other applicable regulations.
H.
Construction and maintenance.
(1)
Upon completion of construction of the development, the developer shall furnish the Town of Bethel with three sets of as-built plans for the private roads, including the stamp and seal of a registered professional engineer licensed by the State of Connecticut, certifying that the private road(s) have been inspected and that the construction meets the design standards of the Town of Bethel for municipal roads.
(2)
All common project facilities or systems shall be maintained by the applicant, owner or residents' association in perpetuity. Such facilities and systems shall include, but may not be limited to, the following:
(a)
Project utilities, including fuel, lighting, electricity, telephone, cable television distribution systems and controls.
(b)
Roadways, sidewalks, drives and parking areas, including curbing and paving.
(c)
Drainage systems, including erosion and sedimentation protection, piping, drains, catch basins, manholes, cleanouts and riprap ditching.
(d)
Recreational facilities.
(e)
Landscaping, including maintenance of buffer areas and conserved land areas.
§ 118-5.6 Residential Multi-Office Zone (RM-O).
A.
Purpose. The Residential Multi-Office (RM-O) district is intended to be a residential district primarily where the aim is to:
(1)
Maintain historic structures and the historic character of areas in and near the center of Bethel;
(2)
Maintain residential uses, especially in areas outside Greenwood Avenue; and
(3)
Consider allowing some non-residential uses along Greenwood Avenue when historic structures and the historic character are maintained.
B.
Architectural review required. The RM-O Zone is hereby designated as a Village District as authorized by C.G.S. § 8-2j. Any new construction or remodeling of the exterior of a building within the RM-O Zone shall be reviewed by a design review board designated by the Commission (see § 118-6.10 for additional information and requirements), except that a single-family residential use shall be exempt from this requirement.
C.
Uses permitted.
(1)
Any use permitted in Residence Zone RR-10 subject to the same conditions and limitations.
(2)
For a use permitted, accessory uses when customarily incidental to a permitted use and on the same premises.
(3)
More than one building per lot may be required by the Commission where the Commission determines it 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:
D.
Uses permitted by special permit. All special permit uses shall provide appropriate landscaping, as determined by the Commission, in order to provide a transition between uses.
(1)
Professional office within an existing building without frontage on Greenwood Avenue.
(2)
Professional office within a new building or an addition to an existing building.
(3)
Bed-and-breakfast.
(4)
Three- and four-family dwellings in accord with the minimum lot area per family as outlined in § 118-5.6E.
(5)
Special permit uses permitted in the Residence Zone RR-10, except cluster development as set forth in § 118-3.2C(7).
(6)
Accessory uses customarily incidental to a special permit use are permitted on the same premises by special permit.
(7)
More than one building per lot may be requested by the applicant or required by the Commission where the Commission determines it 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:
E.
Dimensional standards.(1)
1. | Minimum lot area (SF) | ||
a. | Four-family use | 20,000 | |
b. | Three-family use | 15,000 | |
c. | Other permitted uses | 10,000 | |
2. | Minimum lot width/frontage | 80 feet | |
3. | Minimum square dimensions (feet) | ||
a. | Office use | 70 feet | |
b. | Other permitted uses | 80 feet | |
4. | Maximum building coverage | 35% | |
5. | Minimum front yard | 20 feet | |
6. | Minimum side yard | ||
a. | Principal buildings | 5 feet min./15 feet total | |
b. | Accessory buildings | 10 feet | |
7. | Minimum rear yard | ||
a. | Principal buildings | 35 feet | |
b. | Accessory buildings | 15 feet | |
8. | Maximum building height | 2 1/2 stories | |
9. | Maximum building height | 35 feet | |
10. | Minimum floor area per unit (sq. ft.) | ||
a. | Three- or four-family | 750 sf | |
Notes: | |
(1) | Where the Commission determines that multiple buildings on one site will be most appropriate, it may modify any of the dimensional standards in this section. |
§ 118-5.6.A Residential Multi-Office Zone East (RMO-EAST).
A.
Purpose. The Residential Multi-Office East (RM-O East) district is intended to be primarily a residential district where the aim is to:
(1)
Maintain historic structures and the historic character of areas in or near the center of Bethel;
(2)
Maintain residential uses, especially in areas outside Greenwood Avenue; and
(3)
Consider allowing some non-residential uses along Greenwood Avenue when historic structures and the historic character is maintained.
B.
Architectural review required. The RM-O East Zone is hereby designated as a Village District as authorized by C.G.S. § 8-2j. Any new construction or remodeling of the exterior of a building within the RM-O East Zone shall be reviewed by a design review board designated by the Commission (see § 118-6.10 for additional information and requirements), except that single-family residential use shall be exempt from this requirement. Properties which are also located in the Village District Overlay Zone (see § 118-5.4) shall be subject to the requirements of that zoning district in lieu of the foregoing.
D.
Uses permitted by special permit. All special permit uses shall provide appropriate landscaping, as determined by the Commission, in order to provide a transition between uses.
(1)
Professional office, provided that a residential unit on the property is occupied by the owner of the business occupying the professional office unit.
(2)
Bed-and-breakfast.
(3)
Multifamily dwellings, not to exceed four residential units per building.
(a)
Proposed dwelling units on a parcel of land exceeding five units or more 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% of less income, where such income is less that or equal to 80% of the area median income, as defined by C.G.S. § 8-30g(a)(7).
(b)
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.
(4)
Special permit uses permitted in the Residence Zone RR-10, except cluster development as set forth in § 118-3.2C(7).
(5)
Accessory uses customarily incidental to a special permit use on the same premises by special permit.
E.
Dimensional standards.
(1)
Minimum lot area (SF): 10,000
(2)
Minimum lot width/frontage: 80 feet.
(3)
Minimum square dimension (feet): 70.
(4)
Maximum impervious coverage: 35%.
(5)
Minimum front yard: 20 feet.
(8)
Maximum building height: 2 1/2 stories.
(9)
Maximum building height (feet): 35.
(10)
Minimum floor area per unit (SF) 600.
(11)
Maximum unit density: In the case of professional offices and multi-family dwellings, no more than 10 units per acre shall be permitted. A "unit." for the purposes of this Subsection E, shall mean both residential units and professional office units.
(12)
Multiple buildings and uses are allowed on a single lot.
(13)
All uses shall be connected to Town sewer.
§ 118-5.7 Educational Park Zone (EP).
A.
Purpose. The purpose of the EP Zone is to provide for municipal facilities in a campus-like atmosphere with appropriate standards.
B.
Uses permitted by special permit. An application for site plan review shall be submitted to the Commission for each permitted or accessory use. The site plan shall depict the entire parcel on which the use is proposed.
(1)
Public schools, including elementary, middle and senior high schools.
(2)
Educational administrative offices.
(3)
Educational and recreational maintenance facilities.
(4)
Public emergency services facilities.
(5)
Uses customarily accessory and incidental to a permitted principal use.
(6)
The following accessory uses are expressly permitted:
C.
Dimensional standards.
1. | Minimum lot area | 13 acres |
2. | Minimum frontage | 250 feet |
3. | Minimum lot width | 250 feet |
4. | Minimum square dimension | 500 feet |
5. | Minimum building separation | |
6. | Maximum building coverage (building) | 15% |
7. | Minimum setback(1), (2) | 50 feet |
8. | Maximum building height | 3 stories |
Notes: | |
|---|---|
1. | Nonresidential uses adjoining an R-40 or R-80 Residence Zones shall observe a minimum setback of 100 feet from the nearest lot line of any residential lot, and the resultant area shall be landscaped, planted as a buffer, or preserved in its natural state as needed for protection of adjacent properties. |
2. | The setback requirement may be waived between adjacent properties owned by the Town of Bethel. |
D.
Design standards.
(1)
Multiple uses. Each lot may contain multiple principal and accessory uses, so long as all criteria of these Regulations are otherwise met.
(2)
Utilities. Each lot shall be served by public sewers capable of handling the needs of the development.
(3)
Utilities. Each lot shall be served by a public water supply capable of handling the demand required by the development for both potable water and fire-fighting service.
(4)
Access roads. Notwithstanding any other provision of these Regulations, each lot shall be served by roads suitable in design and capacity for the traffic to be generated by the educational park. Any such roads shall be constructed to the standards of the road construction specifications set forth in §§ 82-5 through 82-14 of the road regulations of the Town of Bethel, as amended. If any such roads are not accepted as public roads, they shall be accepted as open to the public under C.G.S. § 13a-71. At least two independent means of access shall be provided to one or more public roads.
(5)
Parking. Notwithstanding any other provision of these Regulations, parking required for uses permitted in the EP Zone shall be determined as follows (for purposes of this section only, the term "classroom" shall refer to a room within an educational facility that is designed or intended to be used for teaching purposes more than half of the scheduled periods in a day):
(a)
Each elementary school or middle school shall provide 25 off-street parking spaces plus a minimum of 1.5 spaces for each classroom.
(b)
Each senior high school shall provide 50 off-street parking spaces, plus a minimum of seven off-street spaces per classroom.
(c)
Each educational administrative office shall provide a minimum of one off-street parking space per 200 square feet of floor area.
(d)
Educational and recreational maintenance facilities shall provide one off-street parking space per 1,000 square feet of floor area.
(e)
Public emergency service facilities shall provide a minimum of one off-street parking space per 200 square feet of floor area.
(6)
Landscape requirements. If deemed necessary by the Commission, all permitted uses shall be separated from adjacent residential uses on all sides and front by a screen, a landscaped buffer or a screen in accordance with § 118-6.1 of these Regulations.
(7)
Site lighting. Adequate lighting shall be provided at appropriate intervals for all roadways and site parking areas. Measures shall be taken to minimize light from projecting beyond the property boundaries.
(8)
Utilities. All utilities shall be placed underground.
§ 118-5.8 Designed Conservation District (DCD).
A.
Purpose. The Designed Conservation District (DCD) is intended to permit creative development of land in a manner that will conserve natural, scenic and historic areas, including views and vistas observed from public streets, preserve open space and other natural resource and environmentally sensitive areas, and promote efficient development.
B.
Nature of district. The DCD is an overlay district. The requirements and provisions of the DCD shall supplement the requirements and provisions of the underlying zone.
C.
Location. The DCD may be applied only to land located within the R-10 and RR-10 zoning districts.
D.
Size of district. The DCD may be applied only to parcels of land consisting of at least five acres.
E.
Permitted uses.
(1)
Uses as permitted in the underlying zoning district.
(2)
Single-family detached dwellings (whether held in individual subdivided lots or in one or more common interest ownership communities).
(3)
Multifamily dwellings containing no more than four units per structure (whether held in individual subdivided lots or in one or more common interest ownership communities).
(4)
Accessory uses to the above, which may include, in addition to uses customarily incidental to the principal uses, any recreational facilities for use by the residents of the DCD.
F.
Ownership.
(1)
Dwellings within a DCD may be located on individual lots pursuant to an approved subdivision plan, or may be located in one or more common interest ownership communities.
(2)
Where the dwellings are located in common ownership interest communities, all private roads and common open space shall be maintained by the homeowners' association.
(3)
The homeowners' association shall be established prior to issuance of any certificates of occupancy.
(4)
Membership in the homeowners' association shall be mandatory for each dwelling unit owner.
(5)
It shall be stated on the site plan and recorded on each deed or declaration of common interest ownership community condominium in the office of Town Clerk that each dwelling unit owner possesses an undivided interest in all private roads, common areas and open space and is jointly and separately responsible for their maintenance and for the payment of all required taxes thereon.
G.
Design standards.
(1)
Base density.
(a)
The number of dwelling units that shall be permitted on a parcel of land shall be determined by dividing the gross area of the parcel, exclusive of the area occupied by wetlands and watercourses and slopes in excess of 25%, by:
(b)
A fractional dwelling unit total shall be rounded down to the nearest whole number if below 0.5 and rounded up to the nearest whole number if the fraction is greater than or equal to 0.5.
(c)
The total number of dwelling units may not exceed the maximum number of dwelling units that would be permitted on the parcel by the underlying zoning district.
(2)
Density bonus.
(a)
Additional dwelling units on a parcel of land shall be permitted, provided that 20% of the total dwelling units on the parcel of land are subjected 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, where such income is less than or equal to 80% of the median income, as defined by C.G.S. § 8-30g(a)(7).
(b)
The number of additional dwelling units that shall be permitted on a parcel of land shall not exceed one-half of the number of dwelling units calculated under § 118-5.8G(1).
(d)
A development proposal that utilizes an affordable housing density bonus shall submit an affordability plan that complies with C.G.S. § 8-30g(b) and regulations adopted pursuant thereto.
(e)
At the applicant's request, some or all of the dwelling units required by Subsection G(2)(a) of this section to be deed-restricted dwelling units may be approved as unrestricted dwelling units, as follows:
[1]
The applicant shall pay to the Town of Bethel a fee in lieu of the affordable housing unit in an amount to be determined by the Commission after consultation with the Town of Bethel Housing Administrator for each deed-restricted dwelling unit that is to be approved as an unrestricted dwelling unit, to be used for the express purpose of assisting in the construction and renovation of affordable housing in the Town of Bethel.
[2]
Any such payments shall be made, in good funds, prior to the issuance of any zoning permits for the development or in accordance with such other schedule that the Commission, in its sole discretion, shall determine.
[3]
Any such payments shall be deposited into, and held in, a separate account administered by such entity as the Board of Selectmen may designate.
[4]
No expenditure of any funds received under this section may be made without the approval of the Commission. Any such expenditures must be consistent with the Plan of Conservation and Development.
[5]
Any such payments shall be secured by a lien on the property, which may be filed in the Land Records on or after the effective date of the approval of the application. The Commission may, in its sole discretion, waive or modify this requirement.
[6]
The provisions of this section shall be within the sole discretion of the Commission to exercise. Nothing contained herein shall grant to an applicant the right to make a payment in lieu of providing some or all of the deed-restricted units which may be required by this section.
[7]
The provisions of this section shall not apply an affordable housing application, as that term is defined by C.G.S. § 8-30g(a)(2).
(3)
Dimensional standards.
(a)
For dwelling units located on individual lots:
i. | Minimum lot area (for dwellings) | 6,000 square feet | |
ii. | Minimum lot width | 50 feet | |
iii. | Minimum front setback | 20 feet | |
iv. | Minimum side setback | ||
a. | Principal building | 8 feet | |
b. | Accessory building | 5 feet | |
v. | Minimum rear setback | ||
a. | Principal buildings | 25 feet | |
b. | Accessory buildings | 5 feet | |
vi. | Maximum building height | ||
a. | Feet | 35 feet | |
b. | Stories | 2 1/2 stories | |
vii. | Maximum Impervious Coverage | 25% of gross lot area | |
(b)
For dwelling units not located on individual lots:
i. | Minimum setback | ||
a. | Principal building | 20 feet | |
b. | Accessory building | 20 feet | |
ii. | Minimum building separation | 10 feet | |
iii. | Maximum building height | ||
a. | Feet | 35 feet | |
b. | Stories | 2 1/2 stories | |
iv. | Maximum Impervious Coverage | 20% of gross lot area | |
(c)
The provisions of this section shall supersede any dimensional standards of the underlying zone.
(4)
Sewer and water. If the underlying zoning district is the R-10 or RR-10 zoning district, all uses in the DCD shall be served by municipal sewer and water.
(5)
Private roads.
(a)
All private roads within and providing access dwelling units in a DCD shall be designed and constructed in accordance with the standards of the Town of Bethel for municipal roads, except that cul-de-sac roads of 800 feet in length or less providing access to dwelling units in a common interest ownership community may have a minimum paved width of 22 feet.
(b)
Private roads shall be permanently deeded and shall be shown on the site plan as private roads not to be deeded to the Town of Bethel.
(c)
Upon completion of construction, the Town of Bethel shall receive as-built plans of the private roads and a seal of certification from a registered professional engineer licensed by the State of Connecticut attesting that he/she has inspected the private road(s) and determined that it meets all the design construction standards of the Town for municipal roads.
(6)
Open space.
(a)
No less than 35% of the gross lot area of land in a DCD shall be reserved for open space. Provided, however, that if the dwellings are to be on individual subdivided lots, an applicant may:
[1]
Reserve no less than 25% of the gross lot area of the land for open space; and
[2]
Pay a fee in lieu of open space equal to no more than 10% of the fair market value of the gross lot area of the land or a proration thereof (on the basis of the land actually reserved for open space). The payment of the fee in lieu of open space shall be calculated in accordance with the provisions of Section 95-10 of the Bethel Subdivision Regulations[1] and Section 8-25 of the Connecticut General Statutes.
[1]
Editor's Note: See now Section 3.05.
(b)
No more than half (50%) of the area reserved meeting the minimum open space requirement shall consist of wetlands, watercourses and steep slopes in excess of 25%.
(c)
The open space may be conveyed to the Town of Bethel, an appropriate conservation organization, or a homeowners' association (subject to a conservation easement).
(d)
Any additional area containing wetlands and watercourses and slopes in excess of 25% shall also be subjected to a conservation easement or may be conveyed to an appropriate conservation organization or the Town of Bethel.
(e)
The method of ownership and maintenance of all common open space shall be specified in the application documents.
(7)
Landscaping.
(a)
All buildings, parking areas, driveways and walkways shall be substantially screened from all streets and adjoining properties by a landscaped treatment acceptable to the Commission.
(b)
A mix of shade trees, evergreen trees, flowering trees and shrubs shall be planted in all buffer areas and around the buildings to provide suitable year-round screening and a pleasant aesthetic environment.
(c)
To the greatest extent possible, all mature trees shall be retained on the site.
H.
Age-restricted community.
(1)
A DCD may apply to a community including "housing for older persons" as defined in 42 U.S.C. § 3607(b)(1).
(2)
An applicant for a DCD that proposes to include housing for older persons shall submit to the Commission prior to the close of any public hearing, and in addition to any other documents required by these Regulations, draft public offering statements, common interest community declarations, restrictive covenants, policies and procedures that will be implemented to ensure compliance with the Fair Housing Act to maintain the community as housing for older persons.
(3)
The applicant shall also provide sufficient information to the Commission to allow the Commission to determine the effect of the failure of the community to maintain compliance with the Fair Housing to maintain the community as housing for older persons, including, among other things, the effect on traffic, school enrollments, open space, municipal services, and other considerations.
I.
Application procedures.
(1)
Zone change. An application to apply the DCD to a parcel of land constitutes a petition for legislative action to amend the Zoning Map and:
(a)
The petition shall be submitted to the Commission and shall be signed by the owner(s) of all the land within the proposed District.
(b)
Upon receipt of the petition, the Commission shall hold a public hearing and act on the petition in the same manner as required for an application to change zone district boundaries and as specified in the Connecticut General Statues.
(2)
Required submittals. All applications to apply the DCD to a parcel of land shall include concurrent submission, review, and action by the Commission of:
(a)
A petition to amend the zoning map;
(c)
A conceptual site plan showing the proposed location of all streets, driveways, structures, detention and drainage structures and other improvements and, if applicable, proposed lot lines.
(d)
A conceptual subdivision plan which would conform to the regulations of the underlying zoning district, so that the Commission can ascertain that the base density per § 118-5.8G(1) does not exceed the density as allowed in the underlying district. The conceptual subdivision plan shall be both feasible and prudent.
(e)
A written report explaining how the application of the DCD to the parcel of land will meet the purposes stated of this Regulation and will be consistent with the Town Plan of Development.
(f)
A suitable boundary description and Class A-2 survey map of the proposed District boundaries, including a delineation of the areas within the proposed District which are to be reserved for open space as defined and required herein.
(g)
A topographic map with at least two-foot contours.
(3)
Detailed plans. Within one year after approval of a DCD, and prior to the issuance of any zoning and/or building permits for building or development within the DCD, the applicant shall submit an application for approval of a Site Development Plan, consistent with the Conceptual Development Plan, prepared in accordance with the specifications for a Site Plan under § 118-8.4, which shall be reviewed by the Commission under the provisions thereof as a Site Plan.
(4)
Subdivision plans. If any portion of a development proposal requires that the property be divided, then within one year after approval of a DCD, and prior to the issuance of any zoning and/or building permits for building or development within the DCD, the applicant shall submit an application for subdivision.
(5)
Expiration. In the event that an application for a Site Development Plan and/or Subdivision Plan is not submitted within one year of the effective date of the DCD, the approval of such District shall be rescinded, the zoning map shall automatically be amended so that the zoning district of the parcels of land shall revert to the district in which they were originally located.
§ 118-5.9 Neighborhood Services Overlay District (NSOD).
A.
Purpose. The Neighborhood Services Overlay District (NSOD) is intended to allow modernization, replacement, alteration and expansion in place of existing, non-conforming, commercial neighborhood service uses such as historic retail and transportation services or where such uses were historically conducted in the area. The NSOD may be utilized where an existing commercial use does not conform to the uses, density or dimensional criteria permitted by the applicable zoning district, but a zone map amendment is not appropriate.
B.
Nature. The NSOD is an overlay zoning district. The requirements and provisions of the NSOD shall supplement the requirements and provisions of the underlying zone.
C.
Location. The NSOD may be applied to property located in the following zoning districts: R-40, R-80.
D.
Permitted uses. The following uses and activities shall be permitted in the NSOD, subject to special permit requirements as set forth in § 118-5.9G(2):
(1)
Retail store, including areas for service or consumption of food;
(2)
Outdoor display of merchandise within five feet of an enclosed structure;
(3)
Gasoline filling station, including the sale of diesel, propane and kerosene, provided that:
(a)
The property has frontage and principal access from a major arterial roadway as defined in the Plan of Conservation and Development.
(b)
The building coverage of all structures (including any canopies) does not exceed 25% of the area of the lot.
(c)
Automotive and motor vehicle services are limited to dispensing gasoline and diesel.
(d)
All site lighting shall be by downward-directed lighting with zero lumens at the exterior lot lines.
(4)
Sit-down, fast-food or other restaurant, including outdoor dining on the same conditions as set forth in § 118-4.3D(3), but not including: (a) drive-up window service; or (b) the sale of alcoholic beverages. The Commission may, in appropriate cases, limit the hours of operation of the restaurant use to the hours of 5:00 a.m. to 10:00 p.m.
E.
Dimensional standards.
(1)
A lot which meets the minimum lot criteria set forth in § 118-3.4A, including any exceptions thereto, shall meet the minimum lot criteria for the NSOD.
(2)
A lot which does not meet the minimum lot criteria set forth in § 118-3.4A, including any exceptions thereto, but which pre-exists such criteria and therefore is non-conforming as to such criteria, shall be considered to conform to the requirements of the NSOD and may be developed as if it were a fully conforming lot, provided, however, that the non-conformity may not be increased.
(3)
Minimum setbacks. Notwithstanding the provisions of the underlying zoning district, the minimum setbacks in the NSOD shall be the same as in the Village Center (VC) Zoning District as set forth in § 118-4.4B.
(4)
Maximum coverage and floor area. Except as set forth in § 118-5.9E(2), the maximum building coverage and commercial floor area shall not be limited by regulation.
(5)
Maximum building height. The maximum building height in the NSOD shall be two stories and 30 feet.
F.
Signage. Notwithstanding the provisions of the underlying zoning district, and except as provided herein, the signage allowed in the NSOD shall be the same as in the Village Center (VC) Zoning District. Free-standing single-establishment signs shall be allowed in the NSOD without special permit, subject to the provisions and limitations of § 118-6.3F(3). Notwithstanding the provisions of § 118-6.3I, signs for gasoline filling stations may have internal illumination for variable price point information and to identify the vendor.
G.
Application procedure.
(1)
Initial procedure. The application of the NSOD to a parcel of land shall require a zone map amendment. The Commission may approve a site plan for development of the parcels of land to which the NSOD is to be applied simultaneously with approval of the zone map amendment. The site plan shall not take effect until after the effective date of the zone map amendment.
(2)
Subsequent procedure. Any application for change of use, or for proposed new construction, filed after the effective date of the zone map amendment applying the NSOD to a parcel of land shall require a special permit and site plan for any use permitted by the NSOD.
§ 118-5.10 Renewable Energy Overlay Zone
A.
Purpose.
(1)
The purpose of this § 118-5.10 is to promote the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.
(2)
The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.
B.
Applicability. This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section in zones specified in Article IV of the Zoning Regulations, excluding the Village Center Zone. Any reference to Article IV hereinafter set forth in this section shall exclude the Village Center Zone. This section also applies to physical modifications that materially alter the type, configuration, or size of any such installations or related equipment.
C. LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION RATED NAMEPLATE CAPACITY SOLAR PHOTOVOLTAIC ARRAY
Definitions.
A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum rated nameplate capacity of 250 kW DC.
The maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC).
An arrangement of solar photovoltaic panels.
D.
General siting requirements.
(1)
Lot requirements. Large-Scale Ground-Mounted Solar Photovoltaic Installations shall be permitted on parcels located within the Renewable Energy Overlay District as established in Article IV.
(2)
Site control. The applicant shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.
E.
Permitting process and requirements.
(1)
Site plan review. Ground-mounted large-scale solar photovoltaic installations with 250 kW or larger rated nameplate capacity shall undergo site plan review by the Commission prior to construction, installation or modification as provided in this section.
(2)
General. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in the State of Connecticut.
(3)
Required documents. Pursuant to the site plan review process, the applicant shall provide in addition to the site plan requirements of § 118-8.4 in the zoning regulations, the following documents:
(a)
A site plan showing:
[1]
Property lines and physical features, including roads, for the project site;
[2]
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;
[3]
Blueprints or drawings of the solar photovoltaic installation signed by a Professional Engineer licensed to practice in the State of Connecticut showing the proposed layout of the system and any potential shading from nearby structures;
[4]
One- or three-line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electric code compliant disconnects and overcurrent devices;
[5]
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;
[6]
Name, address, and contact information for proposed system installer;
[7]
Name, address, phone number and signature of the applicant, as well as all coproponents or property owners, if any; and
[8]
The name, contact information and signature of any agents representing the applicant.
(d)
Zoning district designation for the parcel(s) of land comprising the project site;
(e)
Proof of liability insurance; and
(4)
All material modifications to a solar photovoltaic installation made after final approval shall require approval by the Commission.
F.
Design standards.
(1)
Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full-cut-off fixtures to reduce light pollution.
(2)
Signage. Signs on large-scale ground-mounted solar photovoltaic installations shall comply with § 118-6.3 of the Town of Bethel Zoning Regulations. Solar photovoltaic installations shall not be used for displaying any advertising. Advertising shall not include reasonable identification of the manufacturer or operator of the solar photovoltaic installation. The solar photovoltaic installation shall identify the owner and provide a 24-hour emergency contact phone number.
(3)
Utility connections. Reasonable efforts, as determined by the agencies and the departments of the Town of Bethel and State of Connecticut, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(4)
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and by-laws.
(5)
Appurtenant structures. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
G.
Additional provisions.
(1)
Maintenance. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the fire chiefs of the Fire Departments of the Town of Bethel. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.
(2)
Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Commission.
(3)
Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned consistent with Subsection G(4) of this regulation shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Commission by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(a)
Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(c)
Stabilization or re-vegetation of the site as necessary to minimize erosion.
The Commission may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(4)
Abandonment. Absent notice to the Commission, as provided above, of a proposed date of decommissioning or written notice to the Commission requesting an extension due to extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate or its operations are discontinued for more than one year without the written consent of the Commission. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation. As a condition of approval, an applicant shall agree to grant the necessary license or easement to the Town to allow entry to remove an abandoned installation.
(5)
Compliance with laws, ordinances and regulations. The construction and operation of all large-scale solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.
(6)
Building permit and building inspection. No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.
(7)
Operation and maintenance plan. The applicant shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of the installation.
(8)
Utility notification. No large-scale, ground-mounted solar photovoltaic installation shall be constructed until evidence has been provided to the Commission that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator's intent to install an interconnected customer-owned generator and approve of the same. Off-grid systems shall be exempt from this requirement.
(9)
Emergency services. The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the fire chiefs of the Bethel Fire Department in the district where the project is located. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify and provide contact information of a responsible person for public inquiries throughout the life of the installation.
§ 118-5.11 Transit-Oriented Development District (TOD).
A.
Purpose. The purpose of the Transit-Oriented Design (TOD) zone is to guide the physical development of the area around the train station into a walkable, mixed use, connected community within an enhanced public realm. The TOD zone is intended to:
(1)
Encourage a harmonious mix of building types that are in keeping with the scale and character of Bethel.
(2)
Discourage sprawl development that negatively impacts the pedestrian environment.
(3)
Prioritizing other forms of circulation over the automobile, including transit, walking and cycling that provide improved mobility and greater health benefits.
(4)
Protect environmentally sensitive lands and provide adequate open space.
B.
Existing buildings.
(1)
Existing buildings that do not conform to the provisions of this section may continue in use as they are until a substantial modification is requested, at which time, the Planning and Zoning Commission shall determine the provisions of this section that shall apply.
(2)
Minimum lot width, lot depth and lot areas assigned to the TOD zone shall only apply to newly plotted lots and shall not preclude the redevelopment of existing lots that do not meet these standards. The redevelopment of such existing lots shall be considered a pre-existing condition and shall be allowed as of right.
(3)
The modification of existing buildings shall be permitted as of right if such changes result in greater conformance with the provisions of this section.
(4)
Any undeveloped area over three acres shall provide connectivity as necessary to comply with the adopted TOD master plan and with the block perimeter requirements listed in this article.
(5)
Where buildings exist on adjacent lots, the Planning and Zoning Commission may require that a proposed building match one or the other of the adjacent setback, rather than the provisions of this section, if those setbacks establish a dominant and desired character.
C.
D.
Block standards.
(1)
Intent. Requiring human-scaled block sizes is an important requirement in ensuring the TOD area develops as a walkable urban area that facilitates pedestrian movement.
(2)
Block sizes shall have a maximum perimeter of 2,000 feet. They shall be measured along the street right-of-way perimeter. Any deviation from this standard shall require the approval of the Planning and Zoning Commission. Blocks that include civic spaces and/or environmental or topographic challenges may be exempt.
(3)
Blocks with perimeters greater than 2,000 feet shall be required to provide mid-block pedestrian passages that are continuously open to the public and connect public streets.
(4)
Mid-block pedestrian passages between buildings shall be a minimum of 12 feet wide. They may be hardscaped or softscaped and shall be well lit for security and comfort purposes.
E.
Nature of the District. The Transit-Oriented District is an overlay District. The requirements and provisions of the Transit-Oriented District shall supplement the requirements and provisions of the underlying zone.
F.
Prohibited uses. Notwithstanding any other provision of these Regulations, the basic manufacture, processing or fabrication of the following commodities is not permitted in a TOD Zone:
(1)
Abrasives.
(2)
Animal by-products.
(3)
Bone black.
(4)
Carbon black and lampblack.
(5)
Charcoal.
(6)
Cinder and cinder blocks.
(7)
Clay and clay products, except that artisanal grain milling shall be permitted within a maximum building footprint of 1,000 square feet.
(8)
Coal or coke.
(9)
Electric power generator station.
(10)
Fermented fruits and vegetable products.
(11)
Fertilizers.
(12)
Fungicides.
(13)
Garbage truck/hauling.
(14)
Gases (other than nitrogen and oxygen).
(15)
Glue and size.
(16)
Grain milling, except that artisanal grain milling shall be permitted within a maximum building footprint of 1,000 square feet.
(17)
Graphite.
(18)
Gypsum and other forms of plaster base.
(19)
Insecticides.
(20)
Insulation (flammable types).
(21)
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.
(22)
Matches.
(23)
Meat slaughtering or packing.
(24)
Metals, except that artisanal metalwork shall be permitted within a maximum building footprint of 1,000 square feet.
(25)
Metal ingots, pigs castings, sheets or bars.
(26)
Oils and fats (animal and vegetable).
(27)
Paints, pigments, enamels, japans, lacquers, putty, varnishes, whiting and wood fillers.
(28)
Paraffin.
(29)
Petroleum and petroleum products.
(30)
Portland and similar cements.
(31)
Refuse bin storage.
(32)
Repossession companies.
(33)
Rubber.
(34)
Sawmill or planing mill.
(35)
Serums, toxins or viruses.
(36)
Sugars and starches.
(37)
Tannery.
(38)
Turpentine.
(39)
Wax and wax products, except that artisanal wax and wax products shall be permitted within a maximum building footprint of 1,000 square feet.
(40)
Wood preserving by creosoting or other pressure impregnation of wood by preservatives.
G.
Permitted uses.
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. | Retail/Wholesale Uses | TOD | |
|---|---|---|---|
1. | Retail store with no areas for the service or consumption of food. | Permitted | |
2. | Retail store where any areas used for the service or consumption of food is 10% or less of the gross floor area and occupies less than 10,000 square feet | Permitted | |
3. | Retail store where any areas used for the service or consumption of food exceeds 10% of the gross floor area or occupies 10,000 square feet or more. | Permitted | |
4. | Outside storage or display of merchandise. | Permitted | |
5. | Retail sale 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. | Permitted | |
6. | Retail sale 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. | Permitted | |
7. | Sale at wholesale of any commodity except live animals and commercial explosives. | Permitted | |
B. | Office Uses | TOD | |
|---|---|---|---|
1. | General or business office. | Permitted | |
2. | Medical or dental office, clinic or laboratory. | Permitted | |
C. | Service Uses | TOD | ||
|---|---|---|---|---|
1. | Personal service establishment (see definition), excluding tattoo parlor or massage therapy. | Permitted | ||
2. | Service establishment (repair, rental and/or service) of any item which is allowed to be sold in the zone, except motor vehicles and trailers. | Permitted | ||
3. | Self-service automatic laundry establishment, provided: | Permitted | ||
a. | It shall not contain more than 35 washers and dryers in total. | |||
b. | On-site washing may be provided as a service. | |||
4. | Dry-cleaning establishment, provided that: | Permitted | ||
a. | No petroleum derivative solvents are used as a general cleaning solvent (may be used for spotting only). 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. | |||
5. | Child day-care center. | Permitted | ||
6. | Adult day-care center. | Permitted | ||
7. | Animal hospital or veterinarian office. | SP | ||
8. | Pet grooming or pet training. | SP | ||
9. | Pet day-care facility or pet boarding facility. | SP | ||
10. | Funeral home. | X | ||
a. | Crematory facility for the disposal by incineration of the bodies of the dead, provided that 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 C.G.S. § 19a-320(b) simultaneously with the required application for special permit. | |||
11. | School for training in special occupational skills where: | 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 | TOD | |
|---|---|---|---|
1. | Bank, credit union, or savings and loan association (state or federally chartered), excluding any drive-through facilities. | SP | |
E. | Food/Hospitality Uses | TOD | ||
|---|---|---|---|---|
1. | Sit-down restaurant. | Permitted | ||
2. | Sit-down restaurant accessory to a hotel, motel, or motor hotel use. | Permitted | ||
3. | Outdoor dining accessory to a sit-down restaurant, including the placement of seating and tables out of doors and food served thereat, subject to all of the following conditions: | Permitted | ||
a. | Such service shall be accessory to an indoor restaurant; | |||
b. | The outdoor eating area shall be contiguous to the restaurant to which it is accessory; and | |||
c. | 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. | |||
4. | Restaurant, fast-food. | X | ||
5. | Restaurant, other. | Permitted | ||
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. | Permitted | ||
7. | A catering establishment where food is prepared for delivery and consumption off the premises. | Permitted | ||
F. | Recreation Uses | TOD | ||
|---|---|---|---|---|
1. | Interior recreation uses, including but not limited to theater, billiard parlor, bowling alley. | Permitted | ||
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 | ||
3. | Athletic club, provided: | Permitted | ||
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. | Noise level shall be zero decibels ambient at any property line bordering residential property. | |||
d. | Screening and landscaping shall be as required in § 118-6.1. | |||
4. | Park or playground areas operated by a governmental unit. | SP | ||
G. | Institutional Uses | TOD | |
|---|---|---|---|
1. | Government facilities | SP | |
2. | Public services, including ambulance service, fire station, library, police station, post office and terminal for public vehicles (including repair or storage). | SP | |
3. | Religious facility. | SP | |
4. | Club, lodge or fraternal organization (private and operated for the benefit of the members and not for gain). | SP | |
5. | Museum. | SP | |
H. | Agricultural/Animal Uses | TOD | |
|---|---|---|---|
1. | Farming, forestry or horticulture. | X | |
2. | Nurseries and the accessory sale of produce and plants provided the Commission shall approve areas for outside display. | SP | |
I. | Residential Uses | TOD | ||
|---|---|---|---|---|
1. | A single-family dwelling, 1 per lot. | Permitted | ||
2. | A two-family building, 1 per lot. | Permitted | ||
3. | A townhouse, 1 per lot. | Permitted | ||
4. | An urban villa, up to 6 units per lot. | Permitted | ||
5. | Residential use, in a structure for residential use only, with a density of up to 30 units per acre. | Permitted | ||
6. | Multi-family in the same structure with other permitted uses, provided that: | Permitted | ||
a. | The residential density shall not exceed 20 units per acre. | |||
b. | All apartments meet the minimum floor area requirements of § 118-5.6E(10) of the RM-O regulations regarding apartment dwellings. | |||
c. | No other permitted use shall be allowed on a floor of a structure located at a higher level than a floor containing apartments. | |||
7. | A community or child care residence, provided that such facility is located at least 1,000 feet from any other community residence or child-care residential facility. | SP | ||
8. | A rear lot. | X | ||
9. | Mobile Home. | X | ||
10. | Conservation Subdivision. | X | ||
J. | Assisted Living Uses | TOD | ||
|---|---|---|---|---|
1. | Assisted living facility, congregate housing, continuing care retirement community, or a nursing facility, provided that: | Permitted | ||
a. | The maximum number of dwelling units allowed shall be 30 units per acre. (Efficiencies are counted as one bedroom.) | |||
b. | The maximum height of the building shall not exceed 3 stories. | |||
c. | The maximum allowable building coverage shall be 60%. | |||
K. | Motor Vehicle Services and Repair Uses | TOD | ||
|---|---|---|---|---|
1. | Motor vehicle wash and/or auto detailing establishment, provided that: | SP | ||
a. | The primary function shall be limited to washing and/or polishing motor vehicles only. | |||
b. | Services are provided in the rear of the lot and shielded by a liner building. | |||
c. | Secondary functions may only include retail sales of automobiles accessories, oil, grease, antifreeze, tires and batteries and services related to the installation of the foregoing items. | |||
d. | All operations shall be completely enclosed except for the drying of vehicles and the vacuuming of the interior of vehicles. | |||
e. | All wastewater shall be discharged directly into the sewer. | |||
f. | No motor vehicles, service trucks or trailers shall be displayed. | |||
2. | Service of motor vehicles with more than 3 wheels (limited repair license or general repair license), provided that: | SP | ||
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 50% 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 buffers are provided to adjacent properties. | |||
L. | Motor Vehicle Sales Uses | TOD | ||
|---|---|---|---|---|
1. | Automobile sales, provided that: | 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, anti-freeze, 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 auto-mobiles or motors and wash and polish motor vehicles. | |||
c. | No trucks or trailers having a capacity of more than 6 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 5 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 | TOD | ||
|---|---|---|---|---|
1. | Outside storage or display of material. | SP | ||
2. | Outside storage of material as an accessory use, provided that: | 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. | SP | ||
N. | Industrial Uses | TOD | |||
|---|---|---|---|---|---|
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: | Permitted | |||
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: | Permitted | |||
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 | |||
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. | ||||
O. | Utility/Transportation Uses | TOD | |
|---|---|---|---|
1. | Utilities, including gas regulation stations, telephone exchanges, pumping stations, aboveground water storage tank, water reservoirs and satellite and cable television facilities. | SP | |
2. | Electric substation, provided that exposed transformers shall be shielded by an enclosing fence or wall at least 6 feet high and adequate to obstruct view, noise and passage of persons or materials. | 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 | |
4. | Railroad facilities, but not including shops. | SP | |
5. | Landing or takeoff area for rotorcraft, not including maintenance, repair, fueling or hangar facilities. | X | |
P. | Accessory Uses and Structures | TOD | ||
|---|---|---|---|---|
1. | Outside Parking: in accordance with § 118-6.2H of these Regulations. | SP | ||
2. | Home-Based Business: a home-based business in accordance with § 118-3.6B of these Regulations when indicated as permitted without a permit. | Permitted | ||
3. | Keeping of Animals: the keeping of animals in accordance with § 118-6.11 of these Regulations when indicated as permitted without a permit. | SP | ||
4. | Day Care: family day-care home, provided that: | Permitted | ||
a. | The facility is licensed by the State of Connecticut. | |||
b. | The licensed care provider resides in the dwelling. | |||
c. | Not more than 1 employee in addition to the care provider is permitted. | |||
5. | Garage: an attached or detached garage accessory to a residence for the use of the occupants of the premises, provided that: | Permitted | ||
a. | The garage space shall not be for more than 3 motor vehicles on any lot. | |||
b. | 1 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 non-commercial vehicles only. | |||
d. | Relevant provisions of § 118-6.2G are complied with. | |||
6. | Tag Sale: a tag sale, provided that: | SP | ||
a. | Not more than 1 tag sale shall be conducted per property in any calendar year. | |||
b. | Such tag sale shall not be conducted for more than 3 consecutive calendar days. | |||
c. | A maximum of 6 signs may be placed. | |||
d. | All signs shall be removed within 24 hours of the end of the sale. | |||
7. | Greenhouse: greenhouses and shade houses, provided that: | SP | ||
a. | The parcel shall contain at least 3 acres of land. | |||
b. | No more than a total of 4 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. | |||
8. | Agricultural Uses: sale of agricultural products and other agricultural uses when in accordance with § 118-3.6E of these Regulations. | SP | ||
9. | Other Accessory Buildings: sheds, barns, and other buildings and structures subordinate and customarily incidental to a permitted use. | Permitted | ||
10. | Bed-And Breakfast: a bed-and-breakfast establishment in accordance with § 118-3.6D of these Regulations. | Permitted | ||
11. | Accessory Apartment: an accessory apartment in accordance with § 118-3.6C of these Regulations. | Permitted | ||
H.
Dimensional standards.
(1) LIVE-WORK MIXED-USE TOWER HOUSE TUCK-UNDER URBAN-VILLA
Dimensional standards definitions.
A rear-yard, fully mixed-use building type with one dwelling above or behind a commercial space that shall be limited to a maximum of 50% of the dwelling unit area.
A rear-yard, flexible commercial building type. Commercial buildings have floor-plates deeper than residential ones.
A rear loaded, single-family dwelling, on a regular lot, served by an alley where an internal garage is provided at or below sidewalk level.
A rear-loaded building served by an alley or parking court where an internal garage is provided at or below sidewalk level. Habitable space is located along the primary frontage at grade and is accessible from the main pedestrian entry. Syn: Tuck-under Townhouse.
A building, similar to a large house, able to accommodate a wide variety of uses, including conventional apartments, single-room occupancy units, bed-and-breakfast inn, small professional office, and a restaurant. This is a useful and resilient building type which can evolve organically. Since it is small, if the parking is hidden to the rear, the 6-Pack is compatible with single-family houses. Syn: Six-Pack, Small Multi-Family.
Dimensional Standards Summary | Single-Family | Tower House/Cottage | Two-Family | Townhouse | Tuck-Under TH | Urban Villa | Live-Work | Multi-Family | Mixed-Use | |
|---|---|---|---|---|---|---|---|---|---|---|
A | Minimum Lot Requirements (see the following provisions for specific requirements by building type) | |||||||||
1 | Requirements | |||||||||
a | Minimum lot area (sq. ft.) | 3,200 | 1,600 | 1,920 | 1,280 | 640 | N/A | 1,280 | N/A | N/A |
b | Minimum lot width (feet) | 40 | 40 | 24 | 16 | 16 | 72 | 20 | 72 | N/A |
c | Minimum lot frontage (%) | 50 | 50 | 50 | 100(1) | 100(1) | 70 | 70 | 70 | 70 |
B | Minimum Setback Requirements (see the following provisions for specific requirements by building type) | |||||||||
1 | Setback for Permitted Use | |||||||||
Front (feet) | ||||||||||
a | Principal Building | 15 | 15 | 15 | 5 | 5 | 10 | 2 | 10 | 2 |
Side (feet) | ||||||||||
b | Principal Building (Interior/Corner) | 5 | 5 | 5 | 0/5 | 0/5 | 5 | 0/2 | 5 | 5 |
c | Accessory Structure (Interior/Corner) | 0/5 | N/A | 0/5 | 0/5 | N/A | N/A | N/A | N/A | N/A |
Rear (feet) | ||||||||||
e | Principal Building | 20 | 5 | 2 | 40 | 5 | 30 | 2 | 2 | 2 |
f | Accessory Structure | 2 | N/A | 2 | 2 | N/A | N/A | N/A | N/A | N/A |
C | Maximum Building Coverage Limitations (see the following provisions for specific requirements by building type) | |||||||||
Maximum Building Coverage (%) | 65 | 80 | 70 | 80 | 80 | 70 | 80 | 70 | 90 | |
D | Maximum Commercial Floor Area Limitations (see the following provisions for specific requirements by building type) | |||||||||
Maximum Commercial Floor Area | N/A | N/A | N/A | N/A | N/A | N/A | 2,000 | N/A | N/A | |
E | Maximum Building Height Limitations (see the following provisions for specific requirements by building type) | |||||||||
Principal Building Height (stories) | 2.5 | 3 | 2.5 | 3 | 3 | 3 | 3 | 3 | 4 | |
Accessory Building Height (stories) | 2 | N/A | 2 | 2 | N/A | N/A | N/A | N/A | N/A | |
Notes: | |
(1) | Except end units. |
I.
Dimensional standards by form.
(1)
Single family.
Lot Occupation | ||
A | Lot width (min.) | 40 feet |
B | Lot depth (min.) | 80 feet |
Lot area (min.)/(max.) | 3,200 s.f. | |
Building coverage (max.) | 65% | |
Lot frontage (min.) | 50% | |
Setbacks | ||
Principal Building | ||
C | Front (min.) | 15 feet |
D | Site (corner)(min.) | 5 feet |
E | Side (interior)(min.) | 5 feet |
F | Rear (min.) | 20 feet |
Accessory Building | ||
G | Side (min.) | 0 feet/5 feet (corner) |
H | Rear (min.) | 2 feet |
Building Height | ||
Principal Building (max.) | 2.5 | |
Arcade (max.) | N/A | |
Accessory (max.) | 2 | |
Parking (See § 118-6.2) | ||
Notes: | |
|---|---|
1. | Accessory Buildings shall not exceed a 484 sq. ft maximum footprint. |
 |
(2)
Tower house/cottage.
Lot Occupation | ||
A | Lot width (min.) | 40 feet |
B | Lot depth (min.) | 80 feet |
Lot area (min.)/(max.) | 1,600 s.f. | |
Building coverage (max.) | 80% | |
Lot frontage (min.) | 50% | |
Setbacks | ||
Principal Building | ||
C | Front (min.) | 15 feet |
D | Site (corner)(min.) | 5 feet |
E | Side (interior)(min.) | 5 feet |
F | Rear (min.) | 5 feet |
Accessory Building | ||
G | Side (min.) | N/A |
H | Rear (min.) | N/A |
Building Height | ||
Principal Building (max.) | 3 | |
Arcade (max.) | N/A | |
Accessory (max.) | N/A | |
Parking (See § 118-6.2) | ||
Notes: | ||
 |  |
(3)
Two-family/duplex.
Lot Occupation | ||
A | Lot width (min.) | 24 feet |
B | Lot depth (min.) | 80 feet |
Lot Area (min.)/(max.) | 1,920 s.f. | |
Building coverage (max.) | 70% | |
Lot frontage (min.) | 50% | |
Setbacks | ||
Principal Building | ||
C | Front (min.) | 15 feet |
D | Site (corner)(min.) | 5 feet |
E | Side (interior)(min.) | 5 feet/0 feet |
F | Rear (min.) | 20 feet |
Accessory Building | ||
G | Side (min.) | 0 feet/5 feet |
H | Rear (min.) | 2 feet |
Building Height | ||
Principal building (max.) | 2.5 | |
Arcade (max.) | N/A | |
Accessory (max.) | 2 | |
Parking (See § 118-6.2) | ||
Notes: | |
|---|---|
1. | Accessory Buildings shall not exceed 484 sq. ft. maximum footprint. |
 |  |
(4)
Townhouse.
Lot Occupation | ||
A | Lot width (min.) | 16 feet |
B | Lot depth (min.) | 100 feet |
Lot area (min.)/(max.) | 1,280 feet | |
Building coverage (max.) | 80% | |
Lot frontage (min.) | 100% | |
Setbacks | ||
Principal Building | ||
C | Front (min.) | 5 feet |
D | Site (corner)(min.) | 5 feet |
E | Side (interior)(min.) | 0 feet/5 feet |
F | Rear (min.) | 40 feet |
Accessory Building | ||
G | Side (min.) | 2 feet |
H | Rear (min.) | 0 feet/5 feet (corner) |
Building Height | ||
Principal building (max.) | 2 | |
Arcade (max.) | N/A | |
Accessory (max.) | 2 | |
Parking (See § 118-6.2) | ||
Notes | |
|---|---|
1. | Except for end-units |
2. | Accessory Buildings shall not exceed 484 sq. ft. maximum footprint. |
 |  |
(5)
Tuck-under townhouse.
Lot Occupation | ||
A | Lot width (min.) | 16 feet |
B | Lot depth (min.) | 40 feet |
Lot area (min.)/(max.) | 640 s.f. | |
Building Coverage (max.) | 80% | |
Lot frontage (min.) | 100% | |
Setbacks | ||
Principal Building | ||
C | Front (min.) | 5 feet |
D | Site (corner)(min.) | 5 feet |
E | Side (interior)(min.) | 0 feet/5 feet (corner) |
F | Rear (min.) | 5 feet |
Accessory Building | ||
G | Side (min.) | N/A |
H | Rear (min.) | N/A |
Building Height | ||
Principal building (max.) | 3 | |
Arcade (max.) | N/A | |
Accessory (max.) | N/A | |
Parking (See § 118-6.2) | ||
Notes: | |
|---|---|
1. | Except for end-units |
 |  |
(6)
Urban villa.
Lot Occupation | ||
A | Lot width (min.) | 72 feet |
B | Lot depth (min.) | 90 feet |
Lot area (min.)/(max.) | N/A | |
Building coverage (max.) | 70% | |
Lot frontage (min.) | 70% | |
Setbacks | ||
Principal Building | ||
C | Front (min.) | 10 feet |
D | Site (corner)(min.) | 5 feet |
E | Side (interior)(min.) | 5 feet |
F | Rear (min.) | 30 feet |
Accessory Building | ||
G | Side (min.) | N/A |
H | Rear (min.) | N/A |
Building Height | ||
Principal building (max.) | 3 | |
Arcade (max.) | N/A | |
Accessory (max.) | N/A | |
Parking (See § 118-6.2) | ||
Notes: | ||
 |  |
(7)
Live-work.
Lot Occupation | ||
A | Lot width (min.) | 20 feet |
B | Lot depth (min.) | 80 feet |
Lot area (min.)/(max.) | 1,600 s.f. | |
Building coverage (max.) | 80% | |
Lot frontage (min.) | 70% | |
Setbacks | ||
Principal Building | ||
C | Front (min.) | 2 feet |
D | Site (corner)(min.) | 2 feet |
E | Side (interior)(min.) | 0 feet |
F | Rear (min.) | 2 feet |
Accessory Building | ||
G | Side (min.) | N/A |
H | Rear (min.) | N/A |
Building Height | ||
Principal building (max.) | 3 | |
Arcade (max.) | N/A | |
Accessory (max.) | N/A | |
Parking (See § 118-6.2) | ||
Notes: | ||
 |  |
(8)
Multi-family.
Lot Occupation | ||
A | Lot width (min.) | 72 feet |
B | Lot depth (min.) | 90 feet |
Lot area (min.)/(max.) | N/A | |
Building coverage (max.) | 70% | |
Lot frontage (min.) | 70% | |
Setbacks | ||
Principal Building | ||
C | Front (min.) | 10 feet |
D | Site (corner)(min.) | 5 feet |
E | Side (interior)(min.) | 5 feet |
F | Rear (min.) | 2 feet |
Accessory Building | ||
G | Side (min.) | N/A |
H | Rear (min.) | N/A |
Building Height | ||
Principal building (max.) | 3 | |
Arcade (max.) | N/A | |
Accessory (max.) | N/A | |
Parking (See § 118-6.2) | ||
Notes: | ||
 |  |
(9)
Mixed-use.
Lot Occupation | ||
A | Lot width (min.) | None |
B | Lot depth (min.) | None |
Lot area (min.)/(max.) | N/A | |
Building coverage (max.) | 90% | |
Lot frontage (min.) | 70% | |
Setbacks | ||
Principal Building | ||
C | Front (min.) | 2 feet |
D | Site (corner)(min.) | 5 feet |
E | Side (interior)(min.) | 5 feet |
F | Rear (min.) | 2 feet |
Accessory Building | ||
G | Side (min.) | N/A |
H | Rear (min.) | N/A |
Building Height | ||
Principal building (max.) | 4 | |
Arcade (max.) | N/A | |
Accessory (max.) | N/A | |
Parking (See § 118-6.2) | ||
Notes: | |
|---|---|
1. | The first floor shall contain commercial uses the entire length fronting on the street. |
2. | The first floor fronting along the street shall have a minimum depth of 25 feet for the commercial use. |
3. | Residential will be allowed on the same floor as commercial provided the commercial use has a minimum depth of 50 feet. |
 |  |
J.
Special provisions.
(1)
Frontages.
(a)
Intent. Maintaining a consistent street-wall is a fundamental component for a vibrant pedestrian life and a coordinated public realm. Retail buildings closely aligned to the street edge with consistent setbacks; provide a clear sense of enclosure of streets, enabling them to function as pedestrian-scaled outdoor rooms. The placement of buildings along the edge of the sidewalk should be given particular attention as it is that portion of the buildings that is the primary contributor to pedestrian activity.
(b)
Buildings shall be oriented so that the principal facade is parallel, or nearly parallel to the principal street it faces for the minimum building frontage requirement specified in Table 5.11H(1).
(c)
Forecourts, courtyards and other such defined open spaces shall count towards minimum frontage requirements.
(d)
Exceptions to minimum frontage requirements may be permitted for lots that are constrained for environmental conditions but shall require the approval of the Planning Director. Permitted exceptions include:
(2)
Building orientation.
(a)
Buildings shall have their principal pedestrian entrance along a street, pedestrian way or open space, with the exception of entrances off a courtyard visible from public rights-of-way.
(b)
Buildings with residential uses at grade shall be raised above the level of the sidewalk by two feet minimum.
(c)
Residential units with ground-floor units shall provide landscaping, walls, fences, stoops or similar elements to provide an attractive and private frontage to the building.
(d)
Townhouses shall distinguish each unit entry with changes in plane, color, materials, front porches, front stoops or railings.
(e)
Entrances to multi-family building shall provide protection from the elements with canopies, marquees, recesses or overhangs.
(f)
Walls, landscaping, hedging or fencing, when used in front yards, shall not exceed three feet in height.
(g)
All service and loading areas shall be entirely screened from public rights-of-way.
(3)
Building massing and materials.
(a)
Intent. Buildings should be designed in proportions to reflect human-scaled pedestrian movement, and to encourage interest at the street level.
(b)
The maximum building facade shall be 120 feet. Buildings over 100 feet long shall be broken down to a scale comparable to adjoining properties.
(c)
The facades of mixed-use buildings shall differentiate non-residential uses from residential uses with distinguishing elements and expression lines, projections, or changes in materials or windows.
(d)
Accessory structures shall use the same or similar materials, color and style of the primary structure's facade if the accessory structure is visible from a public right-of-way.
(e)
Rooftop equipment shall be concealed by a parapet or screened architecturally to minimize its impact, with materials and elements consistent with the design of the building.
(f)
HVAC and mechanical equipment in multi-family and mixed-use buildings shall be integrated into the building design and shall not be visible from primary frontages and open spaces. Through-wall units and vents are prohibited along street frontages unless recessed within a balcony.
(g)
Outdoor storage and building utility equipment shall be screened from public view. If outdoor storage area is separate from the building it serves, the fence materials are limited to masonry, concrete, stucco, wood, PVC and metal, excluding chain-link.
(4)
Storefronts.
(a)
Intent. Retail storefronts should be architecturally articulated through the varied use of high-quality durable materials, display windows, entrances, awnings and buildings signs. Their signage, glazing and doors should be conceived as a unified design. Outdoor dining areas for food and beverage establishments should be encouraged.
(b)
Retail shops shall provide a minimum of 70% glazing (void to solid ratio of surface area along primary facades at the ground level).
(c)
Retail shops shall provide a minimum of 15 feet of height from floor to floor.
(d)
The scale and configuration of large-format retail buildings shall be compatible with the massing and urban character of downtown Bethel and adjacent buildings.
(e)
Opaque, reflective or smoked glass shall be prohibited on storefront windows, except for use as accent materials.
(f)
Retail storefront materials at ground floors should be stone, brick, concrete, metal, glass and/or wood. Vinyl shall be prohibited from mixed-use and multi-family buildings.
(g)
Outdoor dining areas on sidewalk and public rights-of-way shall be allowed subject to the following standards:
[1]
Outdoor dining areas shall be separated from public walkways and streets using railings, wrought-iron fences, planters, landscaping and other suitable materials such that a minimum unobstructed pedestrian path of at least six feet wide is allowed along public rights-of-way.
[2]
Access to storefront entrances shall not be impaired.
(5)
Common open space.
(a)
Intent. As an important component of the public realm, common open space ranging in size and character will positively contribute to the vitality of the urban environment, enrich the civic spirit of the community and reinforce the area's biodiversity and ecology.
(b)
Common open space shall be visible with a minimum of one side bordering a street, unless constrained by natural conditions. Open spaces shall be directed entered into from a street.
(c)
Common open spaces shall contain benches, trash receptacles and bike racks, in keeping with the scale of the place. All furnishings shall meet applicable Town standards.
(6)
Yard exceptions.
(a)
Where two or more lots zoned TOD 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:
[1]
Such entry- and exit-ways are located entirely within a TOD Zone.
[2]
Adequate provision is made, in the judgment of the Commission, that present and future access is guaranteed to properties not having the required frontage.
[3]
Adequate provision is made for access by emergency vehicles to all properties.
[4]
All properties are, in the judgment of the Commission, of such proportions as to be usable for the intended permitted use.
[5]
An agreement is filed on the land records where each property grants each other property the rights of access, egress, and passage.
(7)
Height exceptions.
(a)
The height limitations of these Regulations shall not apply in TOD zones to:
(b)
Solar panels may exceed the height limitations of these Regulations, provided that:
[1]
Such panels shall not project more than 12 inches above the roof and shall be located so that no part of any such installation shall project above a 30° slope from the edge of the roof.
(c)
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:
[1]
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° slope from the edge of the roof;
[2]
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
[3]
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.
(8)
Use limitations based on performance standards. It is the intent of this section to ensure that operations, uses, and activities in the TOD Zone 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.
(9)
Affordable housing requirement.
(a)
Proposed dwelling units on a parcel of land exceeding 5 units or more 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, where such income is less than or equal to 80% of the state median income, as defined by C.G.S. § 8-30g(a)(7).
(b)
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.
K.
Design guidelines. Included in this section are design guidelines intended to supplement § 118-5.11, Subsection J, Special provisions, of the TOD Zoning Code. The purpose of the guidelines is to establish visual and architectural recommendations to supplement the principals outlined in the TOD Zoning Code. These guidelines will focus on four areas: Streetscape Design, Site Design, Building Design and Neighborhood Design.
Overall Vision: The overall vision for the TOD has been illustrated in the Master Plan Report prepared by DPZ Partners, dated July 18, 2016. Some of the concepts are illustrated in these Design Guidelines to convey the more overall comprehensive goals. Individual site or building applicants are encouraged to review their projects, program and design goals for alignment with the Master Plan. This review is best accomplished through meetings with the Planning Department prior to submission of complete applications.
(1)
Streetscape design.
(a)
Maintain a consistent street wall with the principal facade(s) of the buildings parallel with the street. Parking should be located either behind the building, or along the street, if on-street parking is provided.
 DO: Locate parking in the rear of the building, and/or parallel to the street. |  DON'T: Locate parking in the front yard and set buildings to the rear. |
 DO: Maintain a consistent street wall, closely align buildings to the street edge, and orient buildings so that the principal facade is parallel to the street. |  DON'T: Place parking directly in front of a building, or yard and set buildings to the rear design a human scale and does not encourage pedestrian activity. |
(b)
Buildings, street design, landscaping, site furnishings, signage, awnings and lighting all contribute to the overall feeling or experience of walking or driving through a particular area or neighborhood. Human scale should be considered when designing, sizing and placing all of these elements within the streetscape. See the Master Plan Report, pg. 122, "Street Design," for more specific information.
 | |
 DO: Enhance the streetscape with street trees, landscaped islands, pavers, and appropriately scaled signage and lighting. |  DO: Create designated street parking with pavers and landscaped areas. Incorporate street furniture, site sculptures, and other elements to welcome vehicular and pedestrian traffic. |
(2)
Site design.
Core Concepts: Always aim to create a distinct, safe separation between pedestrian and vehicular traffic. Look for design solutions that connect the network of paths, streets, open space, parking, sidewalks and individual properties. The linkage of distinct areas and neighborhoods is the key to providing active, livable, pedestrian-friendly environments.
 This drawing is taken from the Master Plan Report, pg. 163. It illustrates the concept of connecting School Street and Greenwood Avenue creating a pedestrian alley lined with small retail shops. |
(a)
Individual sites. Structures placed on an individual site should always try and maintain a consistent street wall. Retail buildings closely aligned to the street edge (consistent setbacks) will maintain a clear sense of enclosure of streets, enabling them to function as pedestrian-scaled outdoor rooms. Below is an example taken from the Master Plan Report of Diamond Avenue—Existing conditions and proposed revitalization.
 EXISTING: Buildings along Diamond Avenue are set back from the street edge. |  PROPOSED: Revitalization of Diamond Avenue; buildings are set back from the street edge; illustrates new development relocated to line the street edge, creating a cohesive frontage of similar, compatible uses that are pedestrian- and bicycle-friendly. |
(b)
Building orientation. Buildings should be placed on the site so that their principal facade is parallel or nearly parallel to the principal street it faces.
 DO: Place buildings on a site to minimize building frontage and locate principal pedestrian entrances along the principal street, pedestrian way or open space. |
(3)
Building design.
(a)
Building proportion. A building's size, height and overall architectural design (wall planes, roof forms and pitches) all contribute to the way a building is perceived from the street or sidewalk by a pedestrian or a person travelling in a car. Buildings should be designed in proportions to reflect human-scaled pedestrian movement, and to encourage interest at the street level. A sense of human scale can be achieved by using building materials of familiar dimensions such as traditional brick, or materials that are applied in units, panels or modules. The ground floor can be defined with a canopy, fenestration (different from above story(ies)), change in materials and/or building step-backs. In the example below, in a traditional architectural style, the various building elements are differentiated with a change in vertical dimension, the use of different materials, and architectural detailing that relates to the human experience.
 Note: While a traditional architectural vocabulary is used throughout this document to illustrate basic design principles, the intent is not to prescribe any specific architectural style. |
(b)
Building mass and scale. When faced with taller or longer buildings, use vertical or horizontal articulation techniques to break down the overall mass into smaller, more "user-friendly" portions. Use articulation techniques in plan and/or elevation that relate to the mass and scale of buildings on adjoining properties.
[1]
Vertical articulation techniques. Use architectural elements/detailing such as moldings, columns, a change in materials, offset wall plane(s), vary the roof types and pitch, profile, plate height(s).
[2]
Horizontal articulation techniques. Use architectural elements/detailings such as moldings, belt courses, storefronts (more glazing), parapets, a change in materials, wall offset(s).
 This is a good example of both vertical and horizontal articulation techniques. Although buildings are all aligned along the "street wall" and not stepping forward or back, a good sense of massing proportion/human scale is achieved. |
 This large building mass is broken up both horizontally and vertically by major offsets/stepbacks in the wall plane(s), the variation of heights, the use of an assemblage of architectural elements (moldings, parapets, balconies). The result is a less massive, more humanly proportioned building. DO: Break up vertical and horizontal massing of large buildings to achieve a more humanly proportioned street experience. |
 DON'T: Have one, monolithic facade with no articulation of elements as outlined above. |  DON'T: Have a singular repetitive design repeat across a long facade, or use all the same materials, detailing, or color. Avoid long blank wall areas. The result is an unfriendly, poorly proportioned facade. |
(c)
Building materials. As outlined above, materials should be used to convey a sense of human scale, and create visual interest to pedestrians, thus creating a walkable, vibrant streetscape that is alive with activity. The facades of mixed-use buildings shall differentiate non-residential from residential uses with distinguishing elements such as changes in materials, fenestration, architectural detailing, projections. Accessory structures shall use the same or similar materials, color and style of the primary structure's exterior facades.
[1]
When a traditional style of architecture is implemented, materials that have been successful in their use for a particular style over time should be implemented. For example, a Victorian style house may have some intricate trim and moldings that will not be easily crafted from a vinyl product, and in this case wood would be the better choice.
[2]
Natural, sustainable and low-maintenance materials should always be a priority. Such materials include:
[a]
Common brick.
[b]
Natural stucco.
[c]
Wood (cedar) siding and/or shingles, shakes.
[d]
Solid fiber cementitious siding and or shingles/shakes.
[e]
Natural stone veneer.
[f]
Wood, aluminum or vinyl-clad windows and doors. Windows and doors with glazing should pay particular attention to the type muntin/divided lite construction. The muntins should not be thin strips of metal or plastic adhered to the glass, but should have a depth and a profile, and preferably be "Simulated Divided Lites" ("SDL") type with a spacer bar in between the glass to mimic the traditional separation of the individual sections of glazing.
 |  |
 |  |
DO: Use natural and sustainable materials when possible. | |
 |  |
DO: Use natural, sustainable and low-maintenance materials; Compliment materials of adjacent/surrounding buildings. Select color schemes with 1 or 2 colors for exterior walls and detailing. | |
(d)
Storefronts. In a commercial district, the design of the ground floor of a building is a critical component in the mission to engage the public realm and promote pedestrian activity. Retail storefronts should be architecturally articulated through the varied use of high-quality durable materials, glazing/display windows, doors, entrance awnings and signage. All of these elements should be conceived in a unified design. Retail shops shall provide a minimum of 70% glazing and a minimum of 15 feet of height from floor-to-floor. Opaque, reflective or smoked glass shall be prohibited on storefront windows, except for use as accent materials.
[1]
Retail storefront materials to be used at ground level: stone, brick, concrete, metal, glass, wood. Vinyl products shall not be considered.
 |  |  |
Examples of mixed use: ground floor retail/upper stories residential | ||
 |  |
Examples of mixed use: ground floor retail/upper stories residential | |
(e)
Equipment enclosures and fencing. Rooftop equipment shall be concealed by a parapet or screened architecturally to minimize the visual impact of the equipment. The walls or enclosures shall be constructed of similar materials, color and style of the primary structure's facade. Through wall mechanical units and louvers are prohibited along street frontages unless recessed within a balcony. Outdoor storage and building utility equipment shall be screened from public view. Acceptable fencing materials shall be masonry, concrete, stucco, wood, PVC and metal, excluding chain-link.
(4)
Neighborhood design.
(a)
Overall goals. When a new residential housing development (single or multi-family) is proposed for the TOD, it will follow the guidelines outlined in the Master Plan and the TOD Zoning Code. The overall goals of the Master Plan should always be at the forefront of any proposed design:
[1]
Create a walkable, mixed use, connected community.
[2]
Encourage a harmonious mix of building types that are in keeping with the scale and character of Bethel.
[3]
Prioritize other forms of circulation over the automobile including transit, walking and cycling that provide improved mobility and greater health benefits.
[4]
Protect environmentally sensitive lands and provide adequate open space.
(b)
Planning. When a new residential development is planned, careful consideration should be given to the placement of the new buildings with respect to the existing street(s) and building frontages. All too often, new residential developments are planned with the new buildings facing inward towards a new network of roadways, turning their backs on the existing neighborhood. The new streets should follow all guidelines outlined in the Master Plan, and aim for connectivity to the existing/surrounding context so that the new development does not feel like an entity onto itself, but rather a part of the larger public realm (i.e. Bethel community).
(c)
Natural environment. The widely accepted practice of completely clearing a site of all existing vegetation prior to excavation for a new development leaves us with a stark and barren vision of new houses, dotted with miniature versions of the trees and vegetation that "once was." We are forced to wait 10, 20, or 30 years for the new trees to reach maturity (for those that survive) and "blend in" with the surrounding areas. A careful analysis of an existing site slated for re-development should include an inventory of existing healthy, mature trees, and a sincere effort should be made to design the layout of building and streets of the new neighborhood with the priority of preserving some of the existing natural landscape.
(d)
Building design. New residential buildings in the TOD will follow the TOD Zoning Code for building types and dimensional standards. The basic principals outlined in Subsection K(3), Building design, above will apply. Townhouses shall distinguish each unit entry with changes in plane, color, materials, front porches, front stoops or railings. Buildings over 100 feet long shall be broken down to a scale comparable to adjoining properties by building plan or elevation articulation.
 | |
 |  |
DO: Design neighborhoods that are walkable, connected to the surrounding streets, use a variety of architectural styles and materials, and preserve and enhance existing trees and landscaping. | |
§ 118-5.12 Stony Hill Mixed Use Overlay District.
A.
Purpose. The Stony Hill Mixed Use Overlay District ("SHMUOD") is intended to facilitate unique and desirable development that is consistent with the long-range orderly development of Route 6 but may not be accommodated by the established zoning of that area.
B.
Nature. The SHMUOD is an overlay district. The requirements and provisions of the SHMUOD, when applied to a particular property, shall supplement the requirements and provisions of the underlying zoning district.
C.
Location. A parcel or parcels of land must meet the following requirements in order to be eligible for overlay of the SHMUOD:
(1)
All of the land must be located in the Route 6 Business (RT-6) zoning district;
(2)
All of the land must be contiguous;
(3)
The total combined acreage of the land must be at least five acres;
(4)
The land shall have at least 140 feet of lot width and lot frontage; and
(5)
The land shall be served by sewer and water.
D.
Permitted uses. The following shall be permitted uses in a SHMUOD:
(1)
Any use of a commercial nature permitted within the Route 6 Business District, as set forth in § 118-4.3A through H and J through O; and
(2)
Multifamily Residential dwelling uses (apartments, townhouses or condominiums), with a maximum residential density as follows:
(a)
Base residential density. The base residential density of dwelling units shall be determined by multiplying the gross area of the land by 20, rounded up to the next whole number.
(b)
In addition to the Base Residential Density, additional residential dwelling units may be permitted, determined by multiplying the gross area of the land by two rounded up to the next whole number, provided that at least 50% of such additional residential dwellings are affordable dwelling units, meeting the requirements of Subsection F of this section.
(c)
Residential units are restricted to one or two bedrooms.
(d)
Open space requirement. Parcels proposed to be developer by the Stony Hill Mixed Use Overlay District will be required to meet open space requirements unless those requirements were fulfilled by a previous subdivision under Section 3.05 of the Town of Bethel Subdivision Regulations.
[1]
Notwithstanding any other provision of this section, the parcel overlaid with the SHMUOD shall reserve 25% as open space; 10% of the 25% may be paid in the form of a fee in lieu of open space. The payment of the fee in lieu of open space shall be calculated in accordance with the provisions of Section 3.06 of the Bethel Subdivision Regulations and Section 8-25 of the Connecticut General Statues.
[2]
No more than half 50% of the area reserved meeting the minimum open space requirement shall consist of wetlands, watercourses and steep slopes in excess of 25%.
[3]
The open space may be conveyed to the Town of Bethel, an appropriate conservation organization, or a homeowners' association (subject to a conservation easement).
[4]
Any additional area containing wetlands and watercourses and slopes in excess of 25% shall also be subjected to a conservation easement or may be conveyed to an appropriate conservation organization or the Town of Bethel.
[5]
The method of ownership and maintenance of all common open space shall be specified in the application documents.
Notwithstanding any other provision of this section, the parcels overlaid with the SHMUOD must provide both: (a) at least 1,600 square feet per acre of gross area of the land of commercial uses as provided in Subsection D(1); and (b) residential uses as provided in Subsection D(2), in a location, configuration and proportion as the Commission shall deem appropriate given the circumstances of the land. |
F.
Affordable requirements.
(1)
At least 20% of the residential units which are part of the base residential density approved as part of a development under this Section shall be subjected to binding recorded instruments 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, where such income is less than or equal to 80% of the state median income, as defined by C.G.S. § 8-30g(a)(7).
(2)
At least 50% of residential units which are part of the bonus residential density approved as part of a development under this section shall be subjected to binding recorded instruments 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, where such income is less than or equal to 60% of the state median income, as defined by C.G.S. § 8-30g(a)(7).
(3)
An application for Site Plan for a development under this section shall include submit an affordability plan that complies with C.G.S. § 8-30g(b) and regulations adopted pursuant thereto.