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Bethel City Zoning Code

ARTICLE VI

Basic Standards

§ 118-6.1 Landscaping.

A. 
Purpose. This Section of the Regulations is intended to promote the general welfare by preserving existing vegetation; requiring planting of new materials; providing privacy from visual intrusion, light, dirt, and noise; preventing the erosion of soil; providing water recharge areas; and improving the quality of the environment and attractiveness of Bethel.
B. 
Applicability. This Section of the Regulations shall apply whenever any proposed building, structure, or development activity requires the submission of a Site Plan application or a Special Permit application. These provisions shall not apply to the construction or development of a single-family dwelling or a two-family dwelling unless part of a multi-family development.
C. 
Overall landscaping standards.
(1) 
All portions of properties which are not proposed as locations for buildings, structures, off-street parking and loading areas, sidewalks or similar improvements shall be landscaped as a formal area or buffer and permanently maintained in such a manner as to minimize stormwater runoff.
(2) 
Landscaping shall not obstruct line-of-sight for vehicles entering or exiting the premises, nor shall it unduly obstruct line-of-sight for vehicles traveling on abutting Town or state highways.
D. 
Existing vegetation and site features.
(1) 
Existing plant materials may be used to meet all or part of the landscaping regulations and, to the extent possible, existing trees and unique site features, such as stone walls, shall be saved.
(2) 
Existing trees in good condition over 18 inches in caliper shall be preserved unless approved for removal by the Commission.
(3) 
All trees to be saved, either as proposed by the applicant or as required by the Commission, shall be clearly identified for protection.
(4) 
All unique site features (such as stone walls) to be saved, either as proposed by the applicant or as required by the Commission, shall be clearly identified for protection.
(5) 
For resources to be protected:
(a) 
The protection zone shall be defined:
[1] 
By a recognized arborist (for trees);
[2] 
By the drip line of the tree canopy (for trees); or
[3] 
As otherwise recommended by the applicant or approved by the Commission.
(b) 
The protection zone shall be clearly delineated on the site plan.
(c) 
The Commission may require the posting of a bond to ensure protection of significant trees and other unique resources identified for preservation.
(d) 
Snow fence or orange plastic fencing shall be erected around the perimeter of the protections zone prior to construction.
(e) 
The fence around the perimeter of the protections zone shall be securely staked and shall be posted with "no trespassing" signs to prevent encroachment within the protected area.
(f) 
No activity (construction, traffic, storage, etc.) shall be permitted within the protection zone as delineated on the site plan and approved by the Commission.
(g) 
The protective fencing shall remain in place until all construction work has been completed and the ground has been stabilized.
(h) 
Attention shall be paid to drainage issues (erosion control, storm water drainage, cement truck cleaning, etc.) in and near the protection zone so that the viability of the trees and other unique site features within the protection zone is not adversely affected.
E. 
Perimeter landscaping standards.
(1) 
Within the front yard, a suitably landscaped planting area shall be provided for the full width of the lot with at least the following minimum depth:
Zone
Minimum Depth
VC Zone
10 feet
C Zone
10 feet
RT6 Zone
35 feet if within 300 feet of an intersection, otherwise 25 feet
I Zone
25 feet
IP Zone
25 feet, except that property which abuts a residential property line shall provide a 150 foot landscaped yard and such yard shall not be used for parking or storage
(2) 
Such front yard landscaped planting area may be traversed by driveways and sidewalks as approved by the Commission.
(3) 
Deciduous trees of not less than three-inch caliper shall be planted in the front setback as follows:
(a) 
The total quantity of such trees to be planted shall be based on one tree for each 40 feet of street line frontage or fraction thereof;
(b) 
The actual planting of such trees shall be designed and implemented:
[1] 
To complement the street, the site, and the building;
[2] 
To allow for flexibility in location in order to create natural groupings and harmonious effect; and
[3] 
To avoid conflicts with overhead wires and underground utilities.
F. 
Perimeter buffering standards.
(1) 
Where required by these Regulations, a planted buffer shall consist of at least one and, where conditions permit, two parallel rows of dense plant materials, such as evergreen trees or shrubs, of not less than eight feet in height spaced no farther apart than is required to provide a visual barrier to adjoining properties.
(2) 
Where landscaped buffers are required, a planting plan and plant list with types and sizes shall be required as part of the site plan approval.
(3) 
Where a commercial use, an industrial use, or a special permit use is adjacent to a residential zone, all yards adjoining such residential use shall include a landscaped buffer with at least the following minimum depth:
Zone
Minimum Depth
VC Zone
As required by the Commission, not less than 10 feet for a side yard and 20 feet for a rear yard
C Zone
10 feet
RT6 Zone
As required by the Commission, not less than 20 feet for a side yard and 25 feet for a rear yard
I Zone
25 feet
IP Zone
25 feet except that property which abuts a residential property line shall provide a 150-foot landscaped yard and such yard shall not be used for parking or storage
Special permit use
As deemed necessary by the Commission
(4) 
When mature existing vegetation is not being incorporated into the buffer plantings, or when such vegetation comprises a relatively insignificant proportion of the buffer, the buffer area shall be composed of a suitable combination of evergreen, deciduous and flowering trees and shrubs.
(5) 
Where a commercial or an industrial use is adjacent to a residential zone, a visual screen such as a fence or landscaped area may be required by the Commission to aid in the separation of dissimilar land uses.
(6) 
Where required in § 118-6.2I(1), Residential Limitations, of these Regulations, a durable, solid fence six feet in height or a row of evergreen trees or shrubs, of not less than eight feet in height spaced no farther than apart is required to provide a visual barrier to adjoining properties and the street.
(7) 
A front yard landscaped buffer may be traversed by driveways and sidewalks as approved by the Commission.
(8) 
The Commission may allow an alternative landscaped buffer design which:
(a) 
Meets, or exceeds, the performance level of the inter-planted buffer.
(b) 
Includes tree and shrub plantings and may include hedges, earthen berms, fencing or other treatments.
(9) 
The Commission may modify proposed landscaping plans to require more mature plantings, different species or alternative design in order to afford a functional and aesthetically pleasing buffer area.
G. 
Parking area landscaping standards. Required parking areas for all commercial, industrial and special permit uses shall be landscaped as follows:
(1) 
Interior islands required. Required parking areas shall have a landscaped island marking the end of each row of vehicle parking spaces and an intermediate landscaped island across each row of vehicle parking spaces at intervals of not more than 10 vehicle spaces, and each such planting island shall:
(a) 
Be not less than eight feet wide in the direction perpendicular to the parking stalls and not less than 18 feet long in the direction parallel to the parking stalls.
(b) 
Have a suitable curb of granite or concrete.
(c) 
Be planted with grass or ground cover.
(d) 
At the discretion of the Commission, have one tree of not less than two-inch caliper.
(2) 
Separation from street or sidewalk. All parking areas adjacent to a sidewalk or street line shall have:
(a) 
A landscaped safety island not less than three feet in width and six inches high, except at points of access.
(b) 
A durable bumper guard, approved by the Building Inspector, installed to prevent vehicles' encroachment on the landscaped safety island.
(3) 
Screening required. Parking areas adjacent to residential uses shall be provided with screening of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles.
H. 
Service area landscaping and screening. Service areas for delivery refuse, recycling, and mechanical/electrical equipment shall be appropriately screened and/or landscaped as determined by the Commission. In the case of refuse and recycling, the following standards shall apply:
(1) 
For single parcels containing five or more residential units and or commercial/industrial parcels, the standard shall be placement of a 10' by 12' fenced-in enclosure located on a concrete slab with a gate, to enhance the public health, safety, and welfare of the residents and the adjoining property owners.
(2) 
A waiver can be granted after an application is made to and approved by the Bethel Health Department.
I. 
Planting and maintenance standards.
(1) 
Every required landscape area shall be planted with trees (shade or ornamental), shrubbery and ground cover or grass.
(2) 
Planting plans shall consider the "suggested" and "undesirable" varieties of plantings as included in the Appendix.[1]
[1]
Editor's Note: The Appendix is on file in the Town offices.
(3) 
Landscaping, trees, shrubs and other planting material required by these Regulations shall:
(a) 
Be planted in a growing condition according to accepted horticultural practices.
(b) 
If adjacent to parking areas, loading areas or driveways be properly protected by curbs, posts or other means to prevent damage from vehicles.
(c) 
Be maintained in a healthy growing condition.
(4) 
Any landscaping, trees and shrubs proposed by the applicant or approved by the Commission which shall be in a condition that does not fulfill the intent of these Regulations shall be replaced by the property owner during the next planting season for the particular plant material.
(5) 
A screening fence or wall required by these Regulations shall be maintained by the property owner in good condition throughout the period of use of the lot.
J. 
Modification. The Commission may waive or modify any landscaping standards for excellence in landscaping and/or site design elsewhere on the site.

§ 118-6.2 Parking, loading, access and storage.

A. 
Purpose. This Section is intended to provide adequate parking and loading facilities to serve all existing and proposed uses.
B. 
Applicability.
(1) 
Motor vehicle parking facilities and loading spaces, together with adequate exits and entrances thereto, shall be installed and permanently maintained as provided in this Section for each building erected, enlarged or altered and for any land or premises hereafter used in any zoning district.
(2) 
For land, structures or permitted uses actually used, occupied or operated on the effective date of this regulation, the number of existing parking spaces shall not be reduced below the minimum number of spaces required under this regulation.
(3) 
For all permitted uses established or placed into operation after the effective date of this regulation, there shall be provided the amount or number of off-street parking spaces hereinafter set forth.
C. 
Number of parking spaces. Each use shall provide parking sufficient to accommodate all vehicles normally associated with that use, except as provided in § 118-6.2D, regarding shared parking by off-hour uses.
Minimum Parking Requirements
1.
Residential Uses
a.
Single-family residential use on a separate lot
2 spaces for the dwelling unit
b.
Multi-family building on an individual lot:
i.
Efficiency, 1-bedroom, or 2-bedroom units
2 spaces per dwelling unit
ii.
Three-bedroom units
3 spaces per dwelling unit
iii.
Four-or-more-bedroom units
3 spaces plus 0.5 space per bedroom
c.
Multi-family development:
i.
Efficiency, 1-bedroom, or 2-bedroom units
2 spaces per dwelling unit
ii.
3-bedroom units
3 spaces per dwelling unit
iii.
4-or-more-bedroom units
3 spaces plus 0.5 space per bedroom
iv.
Visitor parking
0.25 space per unit
d.
Bed-and-breakfast establishments
2 spaces for the dwelling unit plus 1 space per bedroom used for the bed-and-breakfast
e.
Home-based business
2 spaces for the dwelling unit plus 1 space per home-based business plus 1 space per non-resident employee plus other spaces as may be necessary, in the opinion of the Commission, for the home-based business
2.
Institutional-Type Uses
a.
Church, Community center
1 space per 150 square feet of usable floor area
b.
Club, lodge, fraternal organization
1 space provided per 100 SF usable
c.
Educational facility
25 spaces, plus:
2 off-street parking spaces per classroom up to grade 8
10 off-street parking spaces per classroom above grade 9
d.
Places of assembly
1 space per 3 seats or 1 space per 3-person capacity
3.
Business Uses
a.
Retail store
1 space per 200 SF of gross floor area
b.
Personal service establishment
1 space per 200 SF of gross floor area
c.
General office
1 space per 200 SF of gross floor area
d.
Financial institution
1 space per 200 SF of gross floor area
e.
Medical office
1 space per 150 SF of gross floor area
f.
Gasoline station
1 space at each dispenser plus an additional parking space for each dispenser
g.
Automobile repair
2 spaces plus 1 additional space per 200 SF of gross floor area and 1 space per bay
h.
Industrial uses
1.5 spaces per 1,000 SF of gross floor area
4.
Hospitality Use
a.
Sit-down restaurant
1 space per 100 SF of public floor area and 1 space per 200 SF of non-public floor area
b.
Fast-food restaurant
1 space per 100 SF of public floor area and 1 space per 200 SF of non-public floor area
c.
Hotel or motel
1 space per habitable unit plus 1 space per employee on the largest shift
d.
Microbrewery
2 spaces per 1,000 SF of non-public floor area plus 1 space per 100 SF of public floor area
5.
Recreational Use
a.
Indoor recreation facility (tennis, ice-skating, etc.)
1 space per 150 SF of public floor area up to 10,000 SF; 1 additional space per 150 SF of public floor area over 10,000 SF, unless the Commission determines that the use does not require such additional spaces, in which case, the additional space requirement may be reduced to zero
b.
Outdoor recreation facility (miniature golf, batting cage, golf driving range, etc.)
1 space per station (at full capacity of facility), plus 1 space per employee
c.
Theater
1 space per 3 seats
6.
Miscellaneous Use
a.
Day-care or nursery school
1 space provided per 200 SF of GFA
b.
Uses not listed
As determined by the Commission
7.
Mixed Use Development
a.
Efficiency, 1-bedroom, or 2-bedroom units
1.5 space per dwelling unit
b.
Visitor parking
0.25 per unit
c.
Retail
3 per 1,000 SF or gross floor area
d.
Office
3 per 1,000 SF of gross floor area
e.
Medical
5 per 1,000 SF of gross floor area
f.
Restaurant
7 per 1,000 SF of gross floor area
D. 
Modification of parking requirements.
(1) 
Change of use exemption. In the event that no new buildings or structures are being established and the land area, structures or permitted uses are simply being changed from one permitted use to another permitted use allowed under this regulation no additional parking spaces shall be required if:
(a) 
The new use requires less parking than presently exists.
(b) 
The parking requirement for the new use(s) is less than 125% of the number of spaces that presently exist.
(2) 
Permanent shared use reduction. The Commission may, by Special Permit, allow a reduction of the provision of up to 25% of the parking spaces required for the uses on one or more sites due to shared use of parking facilities when:
(a) 
The parking facilities provided on the site(s) are interconnected with adjacent parking facilities to create a functional parking arrangement;
(b) 
Appropriate access and parking easements are executed between the adjacent properties providing for joint access and parking in perpetuity; and
(c) 
The Commission is satisfied that the parking needs of the joint users on the sites occur at different hours of the day or that adequate parking will be available for the current and potential future uses.
(3) 
Permanent site use reduction. The Commission may, by Special Permit, allow a reduction of the required parking spaces when the Commission is satisfied that:
(a) 
The parking needs of the uses on the site will occur at different hours of the day and there are adequate spaces provided for the peak parking demand;
(b) 
Adequate parking will be available for the current and potential future uses due to the availability of public parking or other permanent arrangements;
(c) 
The applicant has, as provided in C.G.S. § 8-2c, made a payment in lieu of providing parking spaces.
(d) 
The development will, due to its transit orientation or similar situation, not require as many parking spaces as required by the regulations.
(e) 
A proposed expansion to an existing retail store development located in the RT6 Zone will not result in additional parking needs; however, any reduction shall not exceed more than 20% of the required parking spaces for the retail development.
(4) 
Temporary installation deferral. The Commission may, by Special Permit, defer the immediate installation of the required parking spaces where:
(a) 
Sufficient evidence has been presented, in the judgment of the Commission, to show that the reduced parking facilities will adequately serve the proposed use;
(b) 
The applicant has shown the complete layout for the full parking requirements; and
(c) 
The applicant accepts, in writing, a requirement that the owner will file the Site Development Plan in the Office of the Town Clerk, stipulating that the owner, or the successor and assigns of the owner, will install as many of the deferred parking spaces as the Commission deems necessary within six months of the Commission's request, when, in the opinion of the Commission, such installation is needed.
E. 
Design of parking facilities.
(1) 
Space dimensions. Parking spaces shall be at least 9.0 feet in width and 18.0 feet in length, except that parallel parking spaces shall be 22 feet in length.
(2) 
Handicapped parking. Where the installation of parking spaces is required by these Regulations, parking spaces for the physically handicapped shall be provided as required by any applicable provisions of C.G.S. § 14-253a(h), the State Building Code, or the Americans with Disabilities Act (28 CFR Part 36), as they may be amended.
(3) 
Aisle dimensions. Off-street parking spaces shall be accessed from travel aisles of at least the following dimension:
Vehicular Aisle Width (D)
Parking Angle
(A)
One-Way Circulation
Two-Way Circulation
12.0'
24.0'
30°
14.0'
24.0'
45°
16.0'
24.0'
60°
18.0'
24.0'
90°
24.0'
24.0'
(4) 
Location limitations. In an Industrial Zone, if the 25 feet abutting the residential property line contains the required screen or landscaped buffer, the remainder of the required 100-foot setback may be used for the off-street parking of cars in conformance with the provisions of this Section.
F. 
Loading space requirements.
(1) 
Provision required. Loading space shall be provided for each establishment and shall be sufficient in size and arrangement to accommodate trucks of the type servicing the establishment. In the case of hospitals, institutions, hotels, restaurants, retail, wholesale and industrial uses, and wherever required by other uses, each loading space shall be a minimum of 500 square feet and loading spaces shall be furnished according to the following table:
Required Off-Street Loading Space
Gross Floor Area
Number Of Spaces
Up To 15,000 Sq. Ft.
1
15,000 To 30,000 Sq. Ft.
2
Each Additional 30,000 Sq. Ft.
1
(2) 
Parking space as required in § 118-6.2 shall not be considered for loading or unloading space.
(3) 
Aisles in off-street parking areas may be used to maneuver for entry into loading spaces, if the efficient operation of the parking area is not affected thereby.
(4) 
In any case where an off-street loading space or spaces have been established, loading shall thereafter take place in such space or spaces in preference to any public street or sidewalk.
G. 
Access.
(1) 
In a Commercial or an Industrial Zone, access to or from a use shall be permitted only from streets on which the lot frontage of the lot containing such use meets the minimum lot width requirement (in a Commercial Zone) or the minimum lot frontage requirement (in an Industrial Zone) for the zone in which such lot is located.
(2) 
The requirements stated above shall not prevent the following:
(a) 
The continued use of an existing access in its existing location.
(b) 
The consolidation of existing access curb cuts or the relocation of an existing access on the same street that will improve traffic safety as determined by the Bethel Police Commission and/or the Town's traffic consultant.
(c) 
The allowance for access to and from a property where no other street frontage is available.
H. 
General provisions.
(1) 
Accessory activity. Access to, or parking in connection with, a use shall be considered to be accessory to such use and controlled by the same requirements as such use; but this provision shall not prohibit access across a Commercial Zone to a use lying in an Industrial Zones.
(2) 
Same lot. Except as may be otherwise provided in these Regulations, off-street parking spaces shall be located on the same lot as the permitted use for which they are provided.
(3) 
Ingress/egress. Parking spaces shall be provided with entrances and exits so located as to minimize traffic congestion.
(4) 
Drainage. Parking spaces shall be graded for proper drainage.
(5) 
Surface treatment. Parking areas for non-residential uses shall be provided with an all-weather surface of asphalt or asphaltic concrete.
(6) 
Landscaping. See § 118-6.1 for landscaping and screening requirements for parking areas.
(7) 
Front yard limitations. Required off-street parking space will be permitted in the required front yard, provided that ingress to and egress from the off-street parking spaces do not cause unsafe traffic conditions, under the following conditions:
(a) 
For one-family and two-family uses only, a maximum of two off-street parking spaces may be provided in the required front yard. For lots lacking adequate side yards, more parking spaces may be permitted with Commission approval.
(b) 
At the discretion of the Commission, off-street parking spaces in the VC, C, I and IP Zones may be provided in the required front yard, provided the following standards are met:
[1] 
The required minimum landscaped area for the applicable zone will be provided for;
[2] 
Such parking will not present a hazard to pedestrians or circulation of vehicles on the site;
[3] 
Such parking will not affect access to or egress from the site; and
[4] 
Such parking will not adversely affect required sight distance at driveway entrances or exits or adjacent street intersections.
(c) 
For corner lots in the RT6 Zone:
[1] 
No parking is allowed in the required landscaped area as provided for in § 118-6.1E on that portion of a lot fronting on Route 6.
[2] 
Parking is permitted in the other front yard, provided that there is a minimum 10-foot landscaped area.
(8) 
Nuisance avoidance. Parking spaces shall:
(a) 
Be provided with wheel guards or bumper guards so located that no part of parked vehicles will extend beyond the property line.
(b) 
Have lighting facilities for parking spaces so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic.
(c) 
Loudspeaker systems shall not be used.
(9) 
Attendant shelter. Parking spaced areas may not have more than one attendant shelter building, which shall conform to all setback requirements for structures in the zone and which shelter building shall contain no more than 50 square feet of gross floor area.
I. 
Use and maintenance.
(1) 
Residential limitations. Off-street parking spaces and storage for residential uses on residential zoned property shall be conducted in accordance with the following specifications:
(a) 
The parking and storage of farm vehicles and related farm equipment used on a bona fide farm shall be exempt from the requirements of these Regulations.
(b) 
The parking of vehicles shall only be on a driveway surface (see definition) or in an enclosed building unless provided otherwise herein.
(c) 
The commercial sale, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies is prohibited.
(d) 
Junk Storage (see definition) must be contained within a 100 square feet area, shall not be located in a front yard, and shall be screened from view in accordance with § 118-6.1F(6) of these Regulations.
(e) 
No more than two vehicles parked on a residential zoned property and registered to the owner of the premises may be offered for sale in a 12-month period.
(f) 
The parking of one registered commercial motor vehicle is permitted, provided that the vehicle is owned and/or operated by the owner or occupant of the property. Such vehicle shall not exceed a gross vehicle weight rating (GVWR) (see definition) of 11,500 pounds.
(g) 
Commercial Vehicles, regardless of GVWR, shall meet the following standards:
[1] 
No vehicle shall have more than two axles.
[2] 
Such vehicle shall be parked on a driveway or in an enclosed building and shall not obstruct the view of traffic from adjacent driveways or streets.
[3] 
Construction and other related mechanized equipment, including but not limited to back-hoes, skid loaders, bucket loaders, excavators, bulldozers, paving equipment and wood chippers, shall not be stored on a residential zoned property unless and only when said vehicles and equipment are being used in connection with a current and valid permit issued by Town agency or is an activity which is exempted from permit requirements under § 118-6.4C of these Regulations.
(h) 
One utility trailer for household use may be kept on a residential property but not in a front yard and it must be screened from view in accordance with § 118-6.1F(6) of these Regulations.
(i) 
One motor vehicle hauling trailer for personal/non-commercial use may be kept on residential zoned property and shall be stored in an enclosed building or screened from view in accordance with § 118-6.1F(6) of these Regulations.
(j) 
Trailers used for carrying registered recreational vehicles, including but not limited to boats, jet skis, all-terrain vehicles (ATV), and snowmobiles may be kept on residential property but not in a front yard and shall be stored in an enclosed building or screened from view in accordance with § 118-6.1F(6) of these Regulations.
(2) 
Unregistered vehicles. Except as permitted in duly authorized zones, motor vehicles or trailers of any kind or type without a current registration to the owner, renter or occupant of the premises shall not be parked/stored on any property other than in completely enclosed buildings.
(3) 
Recreational vehicles, including but not limited to a currently registered camping trailer, camping vehicle, motor home, boat, boat with trailer, jet ski, ATV, or snowmobile. One such vehicle may be kept outside on a property but not in a front yard. Additional recreational vehicles may be permitted but shall be kept in an enclosed building or must be screened from view in accordance with § 118-6.1F(6) of these Regulations.
J. 
Access management.
(1) 
Purpose. This Section is intended to control the number, size, and location of driveways and access points, especially those that front on heavily trafficked roads and state highways, while allowing proper and adequate access to and from premises along such thoroughfares in order to promote overall traffic control, public safety, and welfare, provide for safer and more efficient traffic operations along major roadways through the management and reduction of vehicular congestion.
(2) 
Applicability. The provisions of this Section shall apply only to development in Bethel.
(3) 
Review considerations. In reviewing proposed developments, the Commission and/or its designated agent shall review road layout, parking layout and configuration, traffic circulation within the site, the number and location of access points to and from the site, and the nature and type of traffic circulation on adjacent roadways to ensure that public safety and welfare is promoted with the greatest efficiency.
(4) 
General provisions.
(a) 
Where street geometry, traffic volumes or traffic patterns warrant, the Commission may limit the number of driveways that serve a specific site, designate the location of any driveway, require the use or provision of a shared driveway with associated easements, and limit access to a major street and require access from a minor street.
(b) 
As part of an application approval, the Commission or its designated agent may require an applicant or owner to establish mutual driveway or other easements to provide a single point of access for two or more abutting properties in a location acceptable to the Commission and the Traffic Authority, file such easements on the land records in favor of the abutting property owners and/or the Town of Bethel as shall be acceptable to the Commission and Town Attorney, and/or utilize a mutual driveway or other easement that exists on abutting property in lieu of having a separate curb cut onto a road or street.
(5) 
Specific provisions.
(a) 
Specific curb cut and access management plans may have been adopted by the Commission as follows:
[1] 
Curb Cut management Plan for Routes 6, 53, 58, and 302 in Bethel, Connecticut (2012); and
[2] 
Such other corridors as deemed necessary.
(b) 
Where specific curb cut and access management plans have been adopted by the Commission, driveways and curb cuts shall, unless modified by the Commission, be brought into conformance with recommendations shown on maps contained in the document if:
[1] 
The application is for a new development;
[2] 
The application is for an existing development and involves an increase of 25% or more in floor space or traffic generation; and
[3] 
The proposal requires a special permit pursuant to § 118-8.5, Special permit application (PZC), of these Regulations or if the alteration or change of use of land or building necessitates the filing of a site plan application under § 118-8.4, Site plan application (PZC) of these Regulations.
(c) 
In reviewing existing and future curb cuts, the following guidelines shall be considered:
[1] 
Curb Cuts should generally be located opposite existing streets and/or major driveways;
[2] 
The number of site access points shall be limited;
[3] 
Driveway closures should not restrict internal site circulation; and
[4] 
Internal connections between adjacent properties and the combination of access/egress driveways serving adjacent properties shall be required whenever practical. When internal connections and the combination of driveways are proposed, the property owner shall record along with the deed to the property an easement allowing cross access, a joint maintenance agreement, and an agreement to close and eliminate any temporary driveways after construction of the joint-use driveway. The commission may extend incentives where appropriate to property owners who agree to consolidate driveways or provide cross access. These incentives may include reduction in lot dimension, parking or driveway spacing requirements.

§ 118-6.3 Signs.

A. 
Purpose. While signs perform important functions in identifying businesses and in general advertising, the control of the number, size location, and design of signs is necessary to lessen hazards to pedestrians and vehicular traffic, avoid the potential for a blighting influence, and ensure sign design and construction which enhances the overall community.
B. 
Applicability. No sign, except as provided herein, shall be erected, or structurally altered or otherwise changed, unless a Zoning Permit has been approved by the Zoning Enforcement Officer. A new name shall be deemed to be a change. Normal maintenance shall not be a change.
C. 
Sign measurement.
(1) 
Sign area. The sign area is calculated by determining the number of square feet of the smallest rectangle(s) within which a sign face can be enclosed. In determining the area of an individual sign that has more than one face (e.g., a monument or projecting sign), the single sign face with the greatest area shall be used. The total sign area is the sum of all individual sign areas.
(2) 
Sign height. The height of a sign shall be measured from the ground, adjacent to the sign, to the top of the sign and support structure. If the ground under the sign slopes, the height shall be measured from the average grade under the sign itself.
D. 
Exempt signs. Provided they meet the listed requirements, the following signs may be installed without a sign permit (although a building permit or encroachment permit may be required under certain circumstances).
Sign Type
Description
1.
Address signs
Signs installed in compliance with Article 901.4.4 of the 1997 Uniform Fire Code.
2.
Agriculture/farm signs
One wall sign on a building not to exceed six square feet in size and 10 feet in height from the existing grade. One freestanding post sign in accordance with § 118-6.3F of these Regulations.
3.
Construction signs
While a valid construction permit is active, a maximum of four signs located on construction sites not exceeding 12 square feet per side, if two-sided. For commercial projects, the maximum sign area is 16 square feet per side if two-sided.
4.
Government signs
Official federal, state or local government signs and notices issued by any court, person or officer in performance of a public duty.
5.
Political signs
Sign shall not be located on public property, within rights-of-way, or be located so as to obstruct sight lines or interfere with pedestrian traffic.
6.
No trespassing signs
Trespassing warnings that are posted in compliance with the requirements of Federal, State and local laws.
7.
Real estate signs - residential zone
One temporary sign per street frontage indicating that the property on which the sign is located is for sale, rent or lease. Any such sign may be single- or double-faced and is limited in size to 3 square feet or less.
8.
Real estate signs - Non-Residential Zone
One temporary sign per street frontage indicating that the property on which the sign is located is for sale, rent or lease. Any such sign may be single- or double-faced and is limited in size to 10 square feet or less.
9.
Tag sale signs
No more than 6 signs are permitted per event. No sign shall exceed 4 square feet in size. Signs may be placed one day in advance of the event and must be removed no later than 1 day after the event. No sign shall obstruct or interfere with pedestrian or vehicular visibility.
10.
Temporary window signs
Temporary signs painted directly on a window, affixed to the inside of a window, or hung within 12 inches of a window promoting any commercial or non-commercial message, provided the sign or signs do not exceed 10% of each window area, or 4 square feet per window, whichever is greater.
11.
Traffic safety signs - construction
Signs warning of construction, excavation, or similar hazards if expressly approved by the Public Works Director.
12.
Traffic safety signs - directional
Traffic control and safety devices intended to regulate, warn or guide traffic on private property used by the public provided such signs conform to the manual and specifications adopted under C.G.S. § 14-298.
13.
Transit signs
Signs identifying transit stops, facilities, times, routes, and similar information.
14.
Utility signs
Signs placed by utility companies as part of the normal operation and maintenance of facilities such as public telephones and underground services.
15.
Vehicle signs
Painted signs or decals affixed to the body of any vehicle, unless parked for the primary purpose of displaying the sign.
E. 
Attached signs.
(1) 
General provisions.
(a) 
Attached signs are attached to a building face.
(b) 
Such signs shall be located on a building face that has a public entrance.
(c) 
New commercial developments shall have a coordinated sign design. Existing commercial developments shall make every effort to establish a coordinated sign design.
(d) 
Each tenant of a building located above the first floor may display a non-illuminated sign on the inside of one window serving said tenant, provided that such sign shall not exceed six square feet in area.
(e) 
In no case may the maximum number or size of signs exceed the standards provided by these Regulations.
(f) 
In no case may the illumination levels of signs exceed the standards provided by these Regulations.
(2) 
Wall sign.
Signage guidelines. Wall signs include most types of signage that are attached to the face of a building wall. These include channel letters made out of wood, metal or plastic. Wall signs may be painted on a wall, or on a board that is attached to a wall. Wall signs should be oriented to achieve balanced composition and harmony with other architectural elements of a building facade. Wall signs should be placed on a flat building surface and should not be placed over or otherwise obscure architectural building features.
(a) 
Districts. Allowed by Zoning Permit in the VC, C, RT6, I, IP, and EP zoning districts
(b) 
Permitted location. Each sign must be attached to the building and located on a building face that has a public entrance. The Planning & Zoning Official may make exceptions to this requirement in circumstances where the purpose and intent of these Regulations is maintained and where the orientation of the public entrance to a building is such that the sign would not have sufficient visibility from the public right-of-way to provide for adequate identification of the business or use.
(c) 
Maximum number. Two wall signs per tenant space.
(d) 
Maximum area. In the VC Zone, the total area of a wall sign shall not exceed one square feet per linear feet of building frontage for each tenant space. In the C, RT 6, I, IP and ED Park Zones, the total area of a wall sign shall not exceed two square feet per linear feet of building frontage for each establishment.
(e) 
Maximum height. Signs in the VC, C, and ED Park zones shall not exceed 20 feet in height and shall not be located above the lower sill of a second-story window. Signs in the RT 6, I and IP Zones shall not exceed 25 feet in height and shall not be located above the highest point of a second story.
(f) 
Illumination. See § 118-6.3I of these Regulations.
(g) 
Other limitations. Box signs are not permitted in the Village Center (VC) Zone.
(3) 
Awning sign.
Signage guidelines. Signs on awnings should be minimized and are only appropriate if there are no good alternatives for wall signs, projecting signs or hanging and suspended signs.
(a) 
Districts. Allowed by Zoning Permit in the VC, C, RT6, I, IP, and EP zoning districts.
(b) 
Permitted location. Signs may be located on awnings subject to size criteria. Awnings must maintain a minimum clearance of eight feet above any public right-of-way or private sidewalk area.
(c) 
Maximum number. One awning sign is permitted per tenant space.
(d) 
Maximum area. Signs on awnings shall not cover more than 25% of the main area of the awning, or exceed 25 square feet in size, whichever is smaller.
(e) 
Maximum height: N/A.
(f) 
Illumination. See § 118-6.3I of these Regulations.
(4) 
Projecting sign.
Signage guidelines. Projecting signs are attached to a building face and project out perpendicular to the building wall. Projecting signs are very effective when oriented to pedestrians on the sidewalk level. Appropriate materials include wood and metal with carved or applied lettering, or any other material that is architecturally compatible with the building that the sign is attached to. Multiple projecting signs should not be installed within 10 feet from projecting signs on adjacent properties by 10 feet to ensure proper visibility.
(a) 
Districts. Allowed by Zoning Permit in the RMO (for an approved office use), VC, C, RT6, I and IP zoning districts.
(b) 
Permitted location. Projecting signs must be attached to building facades that have a public entrance and must maintain a minimum clearance of eight feet above the public right-of-way or private sidewalk area.
(c) 
Maximum number. One projecting sign is allowed per tenant space.
(d) 
Maximum area. Projecting signs may be a maximum area of six square feet in area in the VC Zone and 12 square feet in the C and RT6 Zones.
(e) 
Maximum height: N/A.
(f) 
Illumination. See § 118-6.3I of these Regulations.
(5) 
Hanging sign.
Signage guidelines. Hanging signs, or suspended signs, are used to help define entries and identify business names to pedestrians. They are small and can hang over a building entry if the appropriate clearance is provided. Hanging signs can be particularly useful for storefronts that have multiple tenants.
(a) 
Districts. Allowed in the RMO (for an approved office use), VC, C, RT6, I and IP zoning districts.
(b) 
Permitted location. Hanging or suspended signs must be attached to building facades that have a public entrance and must maintain a minimum clearance of eight feet above any public right-of-way or private sidewalk area.
(c) 
Maximum number. One hanging or suspended sign is allowed per tenant space.
(d) 
Maximum area. Hanging signs may be a maximum area of 8 square feet in area.
(e) 
Maximum height: N/A.
(f) 
Illumination. See § 118-6.3I of these Regulations.
(6) 
Mural.
Signage guidelines. Certain building walls present opportunities for murals. Murals should not contain text or any specific commercial message. Murals that do not contain text or any specific commercial message can be considered public art.
(a) 
Districts. Murals may be located in all zones, subject to granting of a Special Permit by the Commission.
(b) 
Permitted location. Murals may be located on any building wall, subject to a Special Permit.
(c) 
Maximum number. There is no specific limit on the number of murals permitted, subject to a Special Permit.
(d) 
Maximum area. Murals may be any size, subject to a Special Permit.
(e) 
Maximum height. Murals may be any height, subject to a Special Permit.
(f) 
Illumination. See § 118-6.3I of these Regulations.
(7) 
Wall-mounted directory sign.
Signage Guidelines. Directory signs are used for multi-tenant buildings to provide a directory of tenant locations within the building. They may also serve as the address sign for the property. Directory signs are small scale and are oriented to pedestrians.
(a) 
Districts: allowed by Zoning Permit in the VC, C, RT6, I, and IP zoning districts.
(b) 
Permitted location: on a wall by the building entrance.
(c) 
Maximum number. One directory sign may be permitted per building entrance.
(d) 
Maximum area. Directory signs may be no larger than 12 square feet in area, and individual letters may not exceed six inches in height.
(e) 
Maximum height. Each sign may have a maximum height of five feet.
(f) 
Illumination. See § 118-6.3I of these Regulations.
(8) 
Window sign.
Signage guidelines. A window sign is a sign that is painted on or attached to a window and located within 12 inches of the face of a window. Window signs do not include business hours of operation or open/closed signs. Window displays, including merchandise displays, graphics and text, that are located more than 12 inches from the face of a window are not considered signs. Window signs should be scaled to the pedestrian and oriented to window shoppers on the sidewalk, as opposed to vehicles passing by. Window signs should be limited to small graphics and text that serve to frame a window or to provide information. A window sign should not obscure the view into a store or place of business.
(a) 
Districts: allowed by Zoning Permit in the VC, C, and RT6 zoning districts.
(b) 
Permitted location. There is no specific location requirement.
(c) 
Maximum number. There is no limit to the number of window signs allowed.
(d) 
Maximum area. Window signs are limited to a maximum of 25% of the window area.
(e) 
Maximum height: N/A.
(f) 
Illumination. See § 118-6.3I of these Regulations.
F. 
Detached signs.
(1) 
General provisions.
(a) 
Detached signs are signs that are not attached to a building.
(b) 
Such signs may be located in the required setback area, provided there is adequate site distance for driveways and streets and that the sign does not interfere with visibility required for safe vehicular and pedestrian circulation.
(c) 
The address of the development shall be placed on all freestanding signs, except residential development signs, and shall be exempt from the computation of height and area requirements. The minimum height of address lettering shall be four inches and the maximum height of lettering shall be 18 inches.
(d) 
No signage may be placed on the canopy of a gasoline station, whether attached or detached to a building.
(e) 
Unless otherwise stated herein, no more than one freestanding sign shall be permitted on a premises.
(2) 
Freestanding post sign.
Signage guidelines. Freestanding post signs are primarily used to identify office uses, especially where a former residence has been converted into an office. They are similar to monument signs, except they do not have a base other than the support posts. The colors and materials used for the sign must be compatible with the associated building design. Lettering should be carved, routed or applied as opposed to painted on a flat board.
(a) 
Districts: allowed in the VC, C, RT6, I, IP, EP, and RMO zoning districts. May be allowed for Special Permit uses located in residential zones by Special Permit granted by the Commission.
(b) 
Permitted location: may be located in required setback but must not impact the line of sight of people in cars to pedestrians or other vehicles in driveways or street rights-of-way. In the Route 6 Business (RT6) Zone, no such sign shall be located within 75 feet of the road centerline unless approved by the Commission.
(c) 
Maximum number. One sign is permitted per premises, per street frontage.
(d) 
Maximum area. The maximum sign area permitted is 20 square feet for a one-sided sign and 40 square feet for a two-sided sign. Where two or more uses are located on the same premises, the sign area for freestanding post signs must be shared.
(e) 
Maximum height. Signs shall not be taller than eight feet in height.
(f) 
Illumination. See § 118-6.3I of these Regulations.
(3) 
Freestanding single-establishment sign.
Signage guidelines. Free-standing single-establishment signs are primarily intended to communicate with people in motor vehicles. The sign structure is typically supported by two poles, but other types of supports may be used.
(a) 
Districts: allowed in the RT6, I, and IP zoning districts. May be allowed in VC, C, and for Special Permit uses in residential zones by Special Permit granted by the Commission. May be allowed in EP zoning districts by Special Permit granted by the Commission.
(b) 
Permitted location. May be located in required setback but must not impact the line of sight of people in cars to pedestrians or other vehicles in driveways or street rights-of-way. In the Route 6 Business (RT6) Zone, no such sign shall be located within 75 feet of the road centerline unless approved by the Commission.
(c) 
Maximum number. One sign is permitted per premises along an arterial street frontage. One additional freestanding sign may be permitted by Special Permit if the subject property's arterial frontage is in excess of 500 feet.
(d) 
Maximum area. A freestanding single establishment sign may have a maximum area of 30 square feet per side and 60 square feet; if two-sided, 60 square feet of sign area.
(e) 
Maximum height. A freestanding single establishment sign may have a maximum height of 16 feet.
(f) 
Illumination. See § 118-6.3I of these Regulations.
(4) 
Shopping center identification sign.
Signage guidelines. Shopping center identification signs are freestanding signs that identify two or more establishments within a commercial development and should be compatible with the design theme of the development. They may identify multiple tenants, but larger shopping centers with more than five tenants should avoid listing individual tenants, other than the project anchors, to avoid sign clutter. The sign structure should contain elements of the design theme of the buildings in the center.
(a) 
Districts: allowed by Zoning Permit in the RT6 zoning district. May be allowed in the VC and C zones by Special Permit granted by the Commission.
(b) 
Permitted location: may be located in required setback but must not impact the line of sight of people in cars to pedestrians or other vehicles in driveways or street rights-of-way. In the Route 6 Business (RT6) Zone, no such sign shall be located within 75 feet of the road centerline unless approved by the Commission.
(c) 
Maximum number. One sign is permitted per premises along an arterial street frontage of a development.
(d) 
Maximum area. A shopping center identification sign may have a maximum area of 100 square feet per side for developments with up to 50,000 square feet of floor area. For developments in excess of 50,000 square feet, signs shall not exceed 150 square feet in area per side.
(e) 
Maximum height. A shopping center identification sign may have a maximum height of 20 feet.
(f) 
Illumination. See § 118-6.3I of these Regulations.
(5) 
Monument sign.
Signage guidelines. Monument signs are typically used where building setbacks, orientation or design make it difficult to provide other types of signage, such as wall signs, that are plainly visible to people that are trying to identify a use. Monument signs have a solid base that the sign face is installed upon. These signs should be designed so that the style of the sign and its base are consistent with the architecture of the buildings on the site. They are typically oriented perpendicular to the adjacent street and sidewalk and have a maximum of two parallel sign faces. Monument signs provide opportunities for landscaping to enhance their appearance.
(a) 
Districts: allowed by Zoning Permit in the RT6, I, IP, and EP zoning districts. May be allowed in the VC and C zones by Special Permit granted by the Commission. May be allowed in residential zones for Special Permit uses by Special Permit granted by the Commission.
(b) 
Permitted location: may be located in required setback but must not impact the line of sight of people in cars to pedestrians or other vehicles in driveways or street rights-of-way. In the Route 6 Business (RT6) Zone, no such sign shall be located within 75 feet of the road centerline unless approved by the Commission.
(c) 
Maximum number. One monument sign is permitted per premises, per street frontage.
(d) 
Maximum area. Monument signs may be a maximum of 24 square feet.
(e) 
Maximum height. Monument signs may have a maximum height of six feet.
(f) 
Illumination. See § 118-6.3I of these Regulations.
(6) 
Residential development sign.
Signage guidelines. The purpose of residential development signs is to identify the name of a development, provided the development is not an in-fill project within an established neighborhood. They are usually monument signs or wall signs placed on a wall feature in a landscaped open space area at the entry of the development.
(a) 
Districts. Residential development signs are allowed in all zones, subject to Special Permit approval by the Commission.
(b) 
Permitted location: at each major street frontage of a development within a landscaped area that is maintained by a homeowners' association. Sign locations must not impact the line of sight of people in cars to pedestrians or other vehicles in driveways or street rights-of-way.
(c) 
Maximum number. One residential development sign is allowed at each major street frontage of a development.
(d) 
Maximum area. Each sign may have up to 20 square feet unless modified by the Commission.
(e) 
Maximum height. Each sign may be up to five feet in height unless modified by the Commission.
(f) 
Illumination. See § 118-6.3I of these Regulations.
(7) 
Freestanding directory sign.
Signage guidelines. Directory signs are used for multi-tenant buildings to provide a directory of tenant locations within the building. They may also serve as the address sign for the property. Directory signs are small scale and are oriented to pedestrians.
(a) 
Districts. Allowed in the VC, C, RT6, I, and IP zoning districts by Special Permit granted by the Commission.
(b) 
Permitted location: may be located in required setback but must not impact the line of sight of people in cars to pedestrians or other vehicles in driveways or street rights-of-way.
(c) 
Maximum number. One detached directory sign may be permitted per premises.
(d) 
Maximum area. Directory signs may be no larger than 12 square feet in area, and individual letters may not exceed six inches in height.
(e) 
Maximum height. Each sign may have a maximum height of five feet.
(f) 
Illumination. See § 118-6.3I of these Regulations.
(8) 
Home-based business sign.
Signage guidelines. The purpose of home-based business signs is to identify the name of a home-based business and/or the occupation of a person conducting a home-based business. They are typically supported by a single post, may be two-sided, and they are usually oriented perpendicular to the sidewalk instead of parallel. The colors and materials used for the sign must be compatible with the associated building design. Lettering should be carved, routed or applied as opposed to painted on a flat board.
(a) 
Districts: by Zoning Permit in all residential zones, including the RMO Zone.
(b) 
Permitted location: may be located in required setback but must not impact the line of sight of people in cars to pedestrians or other vehicles in driveways or street rights-of-way.
(c) 
Maximum number. One sign may be permitted per premises.
(d) 
Maximum area. In all residential zones except the RMO Zone, a sign shall not exceed two square feet per side. In the RMO Zone, a sign shall not exceed four square feet per side. Such signs shall not exceed six feet in height.
(e) 
Maximum height. Each sign may have a maximum height of six feet.
(f) 
Illumination. See § 118-6.3I of these Regulations.
G. 
Prohibited signs. The following signs are prohibited and subject to immediate abatement by the Zoning Enforcement Officer.
Sign Type
Description
1.
Signs in the street right-of-way
Any sign placed in any street right-of-way without a valid encroachment permit or prior approval of the Public Works Director for the purpose of safety or traffic control.
2.
Signs that block ingress or egress
Any sign, such as a sandwich-board sign, placed or maintained so as to interfere with free ingress to or egress from any door, window or fire escape, parking lot, or street.
3.
Signs on utility poles or traffic control devices
Signs attached or placed adjacent to any utility pole, traffic sign post, traffic signal or any other official traffic-control device.
4.
Signs on street trees
Any sign posted on a street tree.
5.
Off-site signs
Off-site commercial signs that advertise a business or entity not located on the property where the sign is posted.
6.
Outdoor advertising displays
Outdoor advertising displays such as billboards.
7.
Portable signs
Such as sandwich board, foldable, or A-frame signs. This shall not include signs used for traffic safety purposes.
8.
Banner signs
Banner signs of any type unless authorized by the Zoning Enforcement Officer in conjunction with a temporary use permit or special event permit.
9.
Attention getting devices
Pennants, streamers, spinners, balloons, inflatable signs, search lights, beacons, flashing lights or messages and other similar attention-getting devices visible from a public street, unless authorized by the Zoning Enforcement Officer in conjunction with a temporary use permit or special event permit.
10.
Simulated traffic signs
Any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of words, symbols or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic.
11.
Highly reflective/fluorescent signs
Signs made wholly or partially of highly reflective material and fluorescent or day-glow-painted signs.
12.
Electronic message signs
Electronic message signs come in different shapes and sizes and typically have a changing or scrolling message.
13.
Backlit translucent awning signs
Any sign located on an awning that is translucent or semi-transparent and illuminated from a light source under or within the awning.
14.
Vehicle signs
Signs attached or painted to vehicles and parked in a position and location with the primary purpose of displaying the sign.
15.
Signs projected by light
Signs created by the projection of light onto another surface.
H. 
Maintenance standards.
(1) 
All signs together with their supports and anchors shall be kept in good repair and in safe condition. The owner or lessee of the premises on which a sign is erected shall be responsible for keeping such sign and premises in a safe and neat condition.
(2) 
Normal wear and tear of aged signs shall be repaired when they detract from the visible quality of the sign, as determined by the Community Development Director.
(3) 
When signs are repaired, they must be done so in a manner (paint colors shall match, etc.) that is consistent with the approved sign permit. When signs are removed, the wall behind the sign shall be repaired and painted to match the rest of the building wall.
(4) 
Any sign, including its supporting structure, which no longer identifies the current occupant after a lapse of 60 days, shall be deemed an abandoned sign and shall be removed by the owner of the property on which it is located upon 30 days written notice by the Community Development Department.
(5) 
Any sign that, in the opinion of the Chief Building Official, is unsafe or insecure, shall be deemed an unsafe sign and shall be corrected or removed, together with any supporting structure, by the owner of the property on which the sign is located, within 72 hours of written notice by the Community Development Department.
I. 
Illumination standards.
(1) 
All illuminated sign or lighting devices shall employ only lights emitting a light of constant intensity.
(2) 
All illuminated sign or lighting devices shall be designed, located, erected and maintained to confine or direct all illumination to the surface of the subject sign and away from adjoining premises.
(3) 
Self-illuminated signs shall be such that all direct light sources are completely covered.
(4) 
Internal illumination of signage is not permitted:
(a) 
In the VC district.
(b) 
For wall signs in the RM-O district.
(c) 
For projecting signs or hanging signs in any district unless approved by the Commission as a Special Permit.
(d) 
For freestanding post signs.
(e) 
For residential development signs.
(f) 
For home-based business signs.
(5) 
In the VC district, an illuminated wall sign may be permitted where the Zoning Official determines that the sign will coordinate with the existing wall sign signage of tenants on either side of the proposed location or where it coordinates with a signage theme within a shopping center.
(6) 
For freestanding single establishment signs, approval of the lighting design is required.
(7) 
For monument signs, external illumination or halo lighting is preferred. Internally illuminated cabinet signs must have a dark background with light lettering.
(8) 
Illuminated mural signs may only be permitted with approval of a Special Permit by the Commission.
J. 
Non-conforming signs.
(1) 
Currently existing signs of a size or type not permitted in the district in which they are situated, or which are located or illuminated contrary to the above regulations, or which do not conform to all provisions of these Regulations, will be considered nonconforming structures under this Section.
(2) 
No nonconforming sign shall be altered or changed unless such sign is made to conform to these Regulations.
(3) 
A change shall not include a change on a theater marquee sign or a change in name where the size and style of lettering conforms to the previous lettering, and there are no other changes.
(4) 
Normal maintenance activities are not considered to be a change of name or alteration.
(5) 
Any change of a non-conforming sign or increase in size shall be deemed to be an enlargement or extension producing an increase in nonconformity.
(6) 
Any non-conforming sign shall not be relocated to any other location on the premises unless such relocation results in reducing or eliminating the degree of nonconformity.
K. 
Application requirements. All applications for a sign permit shall be accompanied by:
(1) 
A plot plan showing he location of the sign.
(2) 
A building elevation and/or sign sketch, drawn to scale with dimensions, showing the location, height, design, materials, colors and illumination of the sign.

§ 118-6.4 Excavation, fill and grading.

A. 
Purposes. The purpose of this section is to control any excavation and filling operations and to prevent the depreciation of land values, the creation of hazards to life and health and the permanent damage to the beauty and economic usefulness of property which may result from the unregulated and uncontrolled filling, excavation and/or removal of sand, stone, loam, dirt and other earth products from property within the Town of Bethel.
B. 
Applicability.
(1) 
No contours of any land in the Town of Bethel shall be altered by the excavation, removal or relocation of earth, loam, topsoil, sand, gravel, clay, stone or minerals or by the depositing of any material, natural or otherwise, except as provided in this Section.
(2) 
Any person or persons carrying on excavating, filling or earth removal operations in conformance with a valid permit may continue such operations until the termination date of said permit.
(3) 
Any person or persons carrying on excavating, filling or earth removal operations which, except for their status as a valid nonconforming use, would be invalid under this regulation shall be required to obtain a permit to carry on said operations in accordance with the provisions of this regulation.
(4) 
Said nonconforming users shall be required to obtain annual renewals of their permits prior to the expiration of their permits. The provisions of this regulation shall apply to the application and granting of permits for nonconforming excavation, filling and earth removal operations.
C. 
Activities allowed.
Less than 500 CY
500 CY to 999 CY
More than 1,000 CY
1.
Subdivision: Changes in contour in accordance with subdivision construction plans and contour maps approved by the Commission, provided no topsoil is removed from the site.
No permit required1
No permit required1
No permit required1
2.
Foundation Excavation: Changes in contour directly related to the bona fide construction of a foundation or basement for a building or structure when such construction is authorized by a valid building permit.
No permit required1
No permit required1
Permit required from Staff2
3.
Utility Construction: Necessary filling, excavation and/or removal of materials in connection with the bona fide construction or installation of sewers, waterlines, electric or gas service.
No permit required1
No permit required1
Permit required from Staff2
4.
Construction Grading: Changes in contour directly related to the bona fide construction or alteration of a building or structure when such construction or alteration of a building or structure is authorized by a valid zoning permit. The Commission shall retain the right to determine whether any activity is a reasonable adjunct to a valid zoning permit after considering:
No permit required1
Permit required from Staff2
Special Permit3
a.
The feasibility of constructing the building or other structure at the existing contour;
b.
The percent of lot area to be excavated;
c.
Whether or not the difficulty of construction at existing contours was the result of prior acts of the applicant in interest;
d.
The primary nature of the applicant's business; and
e.
Any additional relevant factors affecting the lot in question.
5.
Fences & Walls: Necessary filling, excavation and/or removal of materials in connection with the bona fide construction or installation of fences or walls (freestanding walls or retaining walls).
No permit required1
Permit required from Staff2
Special Permit3
6.
Driveway: Changes in contour directly related to the bona fide construction of an approved accessway or driveway or a sidewalk.
No permit required1
Permit required from Staff2
Special Permit3
7.
Property Improvement: The removal by or for the owner from one part of his property to another of topsoil or subsoil when such removal is for the purpose of landscaping, farming, construction of a pond (to the least depth necessary in order to carry out its purpose), or otherwise improving or beautifying the property.
No permit required1
Permit required from Staff2
Special Permit3
8.
Other: Activities involving less than 1,000 CY which are not in accordance with § 118-6.4D.
Permit required from Staff2
Special Permit3
Not applicable
9.
Other: Other changes in contour, filling, excavation and/or removal of materials.
Permit required from Staff2
Permit required from Staff2
Special Permit3
10.
Other: On a property situated within the in the Route 6 Business Zone, changes in contour may be permitted to prepare a site for development without being directly related to the bona fide construction or alteration of a building or structure.
Special Permit
Special Permit
Special Permit
11.
Processing: Screening, sifting, washing, crushing or other processing of earth materials.
12.
Blasting: Blasting of earth materials.
Notes:
1.
No permit required if activity is conducted in accordance with § 118-6.4D.
2.
Staff may forward any application to the Commission for its review and action.
3.
If individual activity or a combination of activities exceeds 1,000 cubic yards.
D. 
Basic standards when no permit required.
(1) 
Hours of operation. No operations shall be undertaken on the site except between the hours of 8:00 a.m. and 5:00 p.m. local time, Monday through Friday, no weekends or holidays.
(2) 
Drainage. At all stages of operations, proper drainage shall be provided to prevent the collection, stagnation or excessive runoff of water and to prevent harmful effects upon surrounding properties.
(3) 
Slopes. Final slopes shall not exceed a slope of two to one (horizontal to vertical) without approval of Staff and/or the Commission.
(4) 
External impacts. All activities shall be conducted in such a way as to not adversely affect adjacent property, including but not limited to:
(a) 
Not changing elevations at property lines.
(b) 
Not changing elevations more than two feet within 10 feet of a property line.
(c) 
Not affecting natural drainage patterns onto or from adjacent property.
(5) 
Nuisance abatement. The operation shall be conducted so as to minimize noise, dust, erosion, sedimentation, and other nuisances by:
(a) 
Treating access roads and other areas with calcium chloride or similar material.
(b) 
Containing stockpiled material within a sediment control barrier.
(c) 
Limiting the stockpiling of excavated materials upon the site.
(6) 
Protective fences. During the period of excavation, removal or filling, proper barricades or fences shall be erected as necessary for the protection of pedestrians and vehicles.
(7) 
Traffic issues.
(a) 
Truck access shall be so arranged to minimize danger to traffic on adjacent roads and nuisances to surrounding properties.
(b) 
Truck loads shall be covered with an approved device and shall be so trimmed as to minimize danger to traffic on adjacent roads and nuisances to surrounding properties.
(c) 
At the point of truck access on a Town road, there shall be a adequate sight line clearance in all directions.
(d) 
The applicants shall be responsible for cleaning and repairing any state, city, Town or private roads which have been damaged or upon which earth materials have been deposited because of the activities of the applicant or his agent.
(e) 
The applicant shall provide, at its expense, all necessary special police or traffic control measures deemed necessary by the Commission or its agent.
E. 
Additional standards when permit required.
(1) 
Phasing plan. For excavation, removal or fill operations, the applicant shall submit a phasing plan for the work.
(2) 
Duration of permit. Excavation or fill permits issued by the Commission shall cover operations for a stated period of time, not to exceed 12 months.
(3) 
Extension of permit. The Commission may grant not more than one extension of time within which to complete the proposed work where:
(a) 
It is demonstrated that the proposed work could not reasonably have been completed within the time originally allocated for reasons beyond the control of the permittee.
(b) 
The extension shall not exceed six months.
(4) 
Reporting requirement. When deemed necessary by the Commission, monthly reports providing information on the percent of approved excavation or fill materials activity shall be provided by a licensed civil engineer. More frequent reports may be required by the Commission when considered necessary.
(5) 
Buildings and structures. Except for a temporary field office or a temporary shelter for machinery, no building shall be erected on the premises unless specifically approved by the Commission, and any temporary building shall be removed upon the completion of the operations.
(6) 
Fixed machinery. No fixed machinery (for rock crushing, sorting, processing, or other purposes) shall be erected or maintained within 300 feet of any property or street line.
(7) 
Material processing. On-site screening, sifting, washing, crushing or other processing of earth materials may be permitted by the Commission, by Special Permit, provided:
(a) 
The lot is 7.5 acres or larger in size.
(b) 
The applicant has demonstrated that on-site processing of earth materials will result in a reduction of site-generated truck traffic.
(c) 
Any such processing activity is located at least 300 feet from any property line.
(d) 
Such activity is limited to on-site earth materials only and there shall be no importation or exportation of materials from the site except as specifically approved by the Commission.
(e) 
All processing equipment shall use noise reduction or mitigating materials or procedures and engine muffler systems.
(8) 
Blasting. There shall be no blasting permitted within 150 feet of any occupied dwelling, unless the Commission is provided with a report from a licensed professional engineer indicating that such blasting can be conducted without damage to such dwelling.
F. 
Stabilization. Final slopes in excess of 2:1 (horizontal to vertical) may be permitted where the Commission makes a determination, based on a report from a licensed professional engineer, that the final slope of an excavated area can be maintained without causing instability and/or erosion and the following provisions are made:
(1) 
Setbacks. The following minimum setbacks shall be observed at the top and the toe of the final slope, and all such setback areas shall be as flat as possible while providing drainage away from structures:
(a) 
Ten feet from any public or private road or rights-of-way.
(b) 
25 feet from any other property line.
(c) 
25 feet from existing and proposed structures, where the excavation is 20 feet in height or less.
(d) 
35 feet from existing and proposed structures, where the excavation is in excess of 20 feet.
(2) 
Existing contours within 10 feet from any property line shall not be changed by more than two feet.
(3) 
Existing vegetation and soil shall be cleared from the surface of the top of an excavation for a distance of 10 feet back from the top of the final slope.
(4) 
Fencing shall be provided at the top of any excavation slope higher than five feet as follows:
(a) 
The fence shall be chain link with diagonal tension bars at the top and bottom of the fence;
(b) 
The fence shall be able to support lateral loads of at least 300 pounds per six-foot interval;
(c) 
The fence shall be four feet six inches in height;
(d) 
The fence shall be set back at least 10 feet from the top of the slope; and
(e) 
The fence shall terminate in such a way so as to preclude access to the slope face.
(5) 
At any time during the excavation, the Commission may, at the applicant's expense, have the preliminary design reviewed by a professional engineer licensed in the State of Connecticut, specializing in geotechnical sciences, or a geologist licensed in the State of Connecticut, and final design elements shall be implemented based on conditions encountered during construction. Examples of design elements include, but are not limited to rock bolting, rock mesh, scaling and drainage. Such design shall follow commonly accepted local rock mechanics and/or geotechnical engineering practice.
(6) 
Any cut slope that, based on field conditions, will exceed the proposed final slope shown on the approved plans by more than 10° vertical for slopes less than 10 feet in height, or 5° vertical for slopes in excess of 10 feet in height, must be reviewed and approved by the Commission.
(7) 
Any cut slope that, based on field conditions, exceeds the maximum cut slope envelope must be reviewed and approved by the Commission. In such instance, all excavation, fill and grading work on the site must immediately cease, until the Commission has reviewed and approved the revised slope.
G. 
Conformance, inspection and revocation.
(1) 
Conform to permit. Premises to be excavated, filled or graded shall be excavated, filled or graded only in conformity with the permit as approved by the Commission and any deviation from the plan shall be cause for the Commission to revoke the permit.
(2) 
Right of inspection. As necessary for inspection purposes, any member of the Commission, or its authorized representatives, shall have the right of access to all operations for which excavation or fill permits have been issued or applied for.
(3) 
Compliance hearing. If there is a question as to whether or not any of the conditions of this Section have been or are being violated, the Commission may at any time:
(a) 
Halt the excavation or filling operation until it receives an updated site plan map, including contours and cross sections, completed by and certified by an engineer or land surveyor licensed to practice in the State of Connecticut.
(b) 
Call a hearing upon five days' notice to the holder of an excavation or fill permit.
(4) 
Findings and revocation. If the Commission finds, based on a site inspection, an updated site plan, or a hearing, that there is or has been a violation of the permit, the Commission may immediately revoke such excavation or fill permit and order operations suspended.
(5) 
Penalties. For each and every violation of the terms of the permit or of the prescribed conditions under which an excavation or fill permit is issued, as set forth in this Section, the holder of such permit shall be subject to a fine of not in excess of $150 a day for each day for which each violation continues.

§ 118-6.5 Fences and walls.

A. 
Purposes. This Section is intended to control the size, location, and type of fences and walls in all zoning districts in order to allow for protection of private property while not infringing on the public safety and general welfare or on adjoining properties. In addition, this Section is specifically intended to allow such structures to be located within setbacks to the extent authorized by this Section.
B. 
Location and height standards.
(1) 
A fence or wall shall be located inside all lot lines.
(2) 
A fence or wall shall not exceed four feet in height within a front setback or six feet in height within a side or rear setback, except that:
(a) 
Properties housing horses, ponies or livestock under the provisions of § 118-6.11 of these Regulations may have a fence up to six feet in height within the front setback.
(b) 
A residential property abutting a commercial or industrial use may have a fence up to eight feet in height.
(3) 
A fence not located within a required setback may be built to a maximum of eight feet in height.
(4) 
On a corner lot or at the intersection of two streets, the fence or wall shall be located to meet the requirements of § 118-6.7 of these Regulations governing corner lot visibility and area.
(5) 
For retaining walls, unless modified by the Commission through granting of a Special Permit:
(a) 
No retaining wall shall exceed a height of six feet.
(b) 
When used to create terraces, retaining walls shall be a minimum of five feet apart and the terrace area between them shall not exceed a slope of one foot of rise for three feet of horizontal distance (1:3). Landscaping shall be provided where conditions permit at the top and base of walls and on terraces to blend the wall with the surrounding site.
(c) 
The exposed face of a retaining wall shall be designed of material which will enhance the attractiveness of the site and shall be subject to the approval of the Commission. Smooth-faced concrete is not permitted.
C. 
Other standards.
(1) 
If such fence or wall is located within a required yard and has a finished or more attractive side, such side shall face the neighboring property or street, as the case may be.
(2) 
A retaining wall four feet or higher above ground level requires the issuance of a building permit based on a plan prepared by a licensed engineer. Such plans shall address construction design and drainage within 10 feet of the wall.
(3) 
Barbed wire fences and other fences constructed of sharp materials are not permitted within residential zones or along a residential zone boundary line.
(4) 
Electrically charged fencing is not permitted in residential zones, except that such fencing shall be permitted on property which qualifies under § 118-6.11 of these Regulations as related to the keeping of horses, ponies and livestock.

§ 118-6.6 Erosion and sedimentation control.

A. 
Purpose. This Section is intended to prevent accelerated erosion and sedimentation of land during and after development; reduce the danger from stormwater runoff; minimize sediment pollution from land being developed; and prevent detrimental impacts to soil and water resources.
B. 
Overall requirements.
(1) 
All development shall employ proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on the proposed site based on the best available technology in order to result in a development that:
(a) 
Minimizes erosion and sedimentation during construction;
(b) 
Is stabilized and protected from erosion when completed; and
(c) 
Does not cause off-site erosion and/or sedimentation.
(2) 
The Connecticut Guidelines for Soil Erosion and Sediment Control, 2002, as amended, shall be used to determine the best available technology on any site unless alternative principles, methods or practices have been approved by the Commission for use on a particular site.
C. 
Implementation of controls.
(1) 
Site development shall not begin in any area of the site unless the appropriate soil erosion and sediment control measures and facilities for that area have been installed and are functional.
(2) 
All control measures and facilities shall be maintained in effective condition to ensure compliance with the purpose of this section.
(3) 
The estimated costs of measures required to control soil erosion and sedimentation may be covered in a performance bond or other assurance acceptable to the Commission.
(4) 
Inspections shall be made by the Commission or its designated agent during development to ensure that control measures and facilities are properly performed or installed and maintained.
(5) 
The Commission may require the permittee to verify through progress reports that appropriate soil erosion and sediment control measures and facilities have been installed and are being operated and maintained.

§ 118-6.7 Obstructions at intersections.

On a corner lot in any residential zone, no building, structure, fence, wall or obstruction to vision more than three feet in height above the gutter elevation shall be placed or maintained within the triangular area formed by the intersecting street lines and a straight line connecting points on said street lines, each of which points is 25 feet distant from the point of intersection.

§ 118-6.8 Outdoor lighting.

A. 
Purpose. These Regulations are intended to provide specific standards in regard to lighting, in order to maximize the effectiveness of site lighting to enhance public safety and welfare, to raise public awareness of energy conservation, to avoid unnecessary upward illumination and illumination of adjacent properties, and to reduce glare.
B. 
Standards.
(1) 
All exterior lights and sign illumination shall be designed, located, installed and directed in such a manner as to:
(a) 
Prevent direct or objectionable glare or light trespass;
(b) 
Be shielded to the extent possible;
(c) 
Employ soft, transitional light levels which are consistent from area to area;
(d) 
Minimize contrast between light sources, lit areas and dark surroundings; and
(e) 
Be confined within the target area.
(2) 
Where overall standards have been adopted by the Commission, street lights and poles shall conform to the adopted standards.
(3) 
In all Residential zones and in all areas adjacent to residential property, no externally mounted, direct light source directed towards the property line shall be visible at the property line at ground level or above.
(4) 
To reduce off-site glare, lighting fixtures for all parking and pedestrian areas shall be:
(a) 
Full-cut-off-type fixtures; or
(b) 
Fully shielded/recessed fixtures where the lens is recessed or flush with the bottom surface.
(5) 
Lighting fixtures for building security or aesthetics and any display purposes shall, except as may otherwise be approved, be:
(a) 
Top downward (not upward or sideways); and
(b) 
Full-cut-off or fully shielded/recessed.
(6) 
Where outdoor playing fields or other special outdoor activity areas are to be illuminated, lighting fixtures shall be specified, mounted and aimed so that:
(a) 
Their beams fall within the primary playing area and immediate surroundings; and
(b) 
No direct illumination is directed off the site.
(7) 
Lighting designed to highlight flagpoles shall be low level and shall be targeted directly at the flag.
(8) 
All non-essential lighting (such as display, aesthetic, parking and sign lighting) shall be configured for "photocell on - time clock off" operation.
(9) 
Where necessary, lighting for site security may be configured for motion or infrared sensor operation.
(10) 
The height of luminaires, except streetlights in public rights-of-way, shall be the minimum height necessary to provide adequate illumination, but shall not exceed a height of 30 feet.
Fixtures Which Might Produce Glare or Light Trespass
Fixtures Which Might Not Produce Glare or Light Trespass
C. 
Exemptions and modifications.
(1) 
Lighting maintained by the Town of Bethel or the State of Connecticut is exempt from these Regulations.
(2) 
Traditional seasonal lighting is exempt from these Regulations.
(3) 
Temporary lighting used by the Police Department, Fire Department or Emergency Services is exempt from these Regulations.
(4) 
The Commission may, by Special Permit, allow lighting that does not comply with the requirements of this Section, provided the Commission determines, in its sole discretion, that such proposed lighting is consistent with the purpose of these Regulations, in the following cases:
(a) 
Where an applicant can demonstrate, by means of a history of vandalism or other objective means, that an extraordinary need for security exists;
(b) 
Where an applicant can show that conditions hazardous to the public, such as steep embankments or stairs, may exist in traveled ways or areas;
(c) 
Where a minor change is proposed to an existing non-conforming lighting installation, such that it would be unreasonable to require replacement of the entire installation;
(d) 
Where special lighting is indicated for historic buildings;
(e) 
Where special consideration is given to maintain a uniformity with similar uses in the immediate vicinity; or
(f) 
Where ornamental uplighting of sculpture, buildings or landscape features shall enhance the character of the area.
(5) 
The Commission may modify the requirements of this Section for a temporary use approved under these Regulations.

§ 118-6.9 Pedestrian improvements.

A. 
Purpose. This Section is intended to make provision for pedestrians.
B. 
Standards.
(1) 
Every non-residential development, except in the Industrial Park zone, shall provide sidewalks along the public street frontage unless modified by the Commission.
(2) 
Every multi-family residential development shall provide sidewalks along the public street frontage unless modified by the Commission and within the development as approved by the Commission.
(3) 
Residential subdivisions shall make provision for sidewalks along the public street frontage in accordance with the requirements in the Subdivision Regulations or as required by this Section.
(4) 
Any new or reconstructed sidewalks shall be at least five feet in width along the street frontage or frontages of the parcel or parcels, unless the Commission determines that sidewalks are either impractical or unnecessary at that location, considering prospective pedestrian traffic.
(5) 
The Commission may require additional pedestrian improvements (such as trails) when such improvements will enhance the overall pedestrian environment within the site or the neighborhood.
(6) 
Such sidewalks shall be constructed on private property with an easement to allow for public use, except that the Commission may allow such sidewalks to be provided within the road right-of-way when and where feasible.
(7) 
Such sidewalks shall be extended to connect to sidewalks on adjacent property.

§ 118-6.10 Architectural guidelines.

A. 
Purpose. This Section is intended to aid applicants in ensuring that their designs are in harmony with the character of the community, encourage high-quality building and site design, and result in development which is compatible with the character of the community.
B. 
Applicability. Any application to the Commission, unless such requirement is waived by the Commission, shall be reviewed in relation to the design guidelines following.
C. 
Procedure.
(1) 
The Commission shall review an application in relation to the design guidelines of this Section or may request the assistance of a Design Review Committee or similar organization, if available, in evaluating such plans.
(2) 
Any recommendations or suggestions so received from any reviewing agency shall not be binding upon the Commission.
D. 
Design guidelines. Since the architectural design, scale and mass of the buildings and other structures are important in determining the visual character of an area, the guidelines listed below are recommended so as to harmonize and be compatible with the neighborhood, to protect property values and to preserve and improve the appearance and the beauty of the community.
(1) 
Relationship of buildings to site and adjoining areas.
(a) 
Buildings shall be designed and located on the site so as to retain the existing topography and natural features of the land to the greatest extent possible.
(b) 
Buildings shall be organized in a coordinated and functional manner that is compatible with site features and the desirable characteristics of adjoining areas. In particular, exterior building renovations and new construction for properties located within the National Register designated Greenwood Avenue Historic District should take into consideration the architectural style of existing building and the pedestrian orientation of the downtown.
(c) 
A unified design theme for building massing, exterior treatments and signage shall be established where harmony in textures, lines, and masses is provided and monotony is avoided.
(d) 
Parking areas shall be treated appropriately in relation to the building, the neighborhood, and the community.
(e) 
The height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
(f) 
Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.
(g) 
A desirable streetscape and attractive landscape transitions to adjoining properties shall be provided.
(2) 
Landscape and site treatment.
(a) 
The design of the development and the placement of buildings, driveways, walkways, parking facilities and other improvements shall be such that existing trees, watercourses, rock outcrops and similar natural features are preserved to the greatest extent possible.
(b) 
Landscape treatment shall be provided to enhance architectural features, shield unsightly areas, provide shade, and relate to the natural environment and topography.
(c) 
Plant material that is indigenous to the area shall be selected for its ultimate growth and for interest in its shape, texture, and color.
(d) 
Pedestrian walkways shall provide safe and convenient connections within the site and between adjacent sites and shall be constructed of all-weather materials appropriate for the location (such as brick, concrete, or paving blocks but not earth, gravel, or loose stone).
(e) 
Existing trees at four inches or greater caliper shall be incorporated into the site plan.
(3) 
Building design.
(a) 
Architectural designs appropriate to a New England community are generally preferred (pitched roof buildings, colonial facades, etc.).
(b) 
Architectural features shall be evaluated based on the scale of the building(s), the quality of the design, and the relationship to surroundings.
(c) 
Facades and rooflines shall be articulated and/or varied to reduce the appearance of bulk and provide architectural interest.
(d) 
Building materials shall have good architectural character and durable quality and shall be selected for harmony of the building with adjoining buildings.
(e) 
Building textures, colors, and components shall be selected for harmony of the building with adjoining buildings.
(f) 
Utility and service equipment areas shall be screened from public view with materials harmonious with the building.
(g) 
Rooftop mechanical equipment (other than solar energy panels) should be concealed.
(4) 
Signs and lighting.
(a) 
Every sign shall be designed as an integral architectural element of the building and site to which it principally relates and shall be coordinated with the building architecture.
(b) 
Exterior lighting, where used, shall enhance the building design and the adjoining landscape.
(c) 
Lighting shall be restrained in design and excessive brightness avoided.
(d) 
Roof lighting is prohibited.
E. 
Additional village district considerations.
(1) 
Design guidelines.
(a) 
Special attention shall be paid to protecting the distinctive character, landscape, and historic structures within any Village District.
(b) 
The removal or disruption of historic, traditional, or significant structures or architectural elements shall be avoided or minimized.
(c) 
The conversion, conservation, and preservation of existing buildings and sites in a manner that maintains the historic or distinctive character of a Village District is encouraged.
(d) 
The exterior of structures or sites shall be consistent with:
[1] 
The "Connecticut Historical Commission - The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," revised through 1990, as amended; or
[2] 
The distinctive characteristics of the district identified in the Bethel Plan of Conservation and Development.
(e) 
Proposed buildings or modifications to existing buildings shall be harmoniously related to their surroundings, the terrain in the district, and to the use, scale and architecture of existing buildings in the district that have a functional or visual relationship to a proposed building or modification.
(f) 
All spaces, structures, and related site improvements visible from public roadways shall be designed to be compatible with the elements of the area of the Village District in and around the proposed building or modification.
(g) 
The color, size, height, location, proportion of openings, roof treatments, building materials, and landscaping of commercial or residential property, and any proposed signs and lighting, shall be evaluated for compatibility with the local architectural motif.
(h) 
Maintenance of views, historic buildings, monuments, and landscaping shall be encouraged.
(2) 
Procedures.
(a) 
The Commission shall select and contract with one or more Village District consultants.
(b) 
Such Village District consultant shall be:
[1] 
A registered architect or an architectural firm;
[2] 
A licensed landscape architect; or
[3] 
A planner who is a member of the American Institute of Certified Planners.
(c) 
Alternatively, an architectural design review board may be designated as the Village District consultant, provided the members shall include at least one architect, landscape architect or planner who is a member of the American Institute of Certified Planners.
(d) 
All applications shall be subject to review and recommendation by the Village District consultant designated by the Commission as the Village District consultant for such application.
(e) 
The Village District consultant shall review an application and report to the Commission within 35 days of receipt of the application.
(f) 
Such report and recommendation shall be entered into the public hearing record and considered by the Commission in making its decision.
(g) 
Failure of the Village District consultant to report within the specified time shall not alter or delay any other time limit imposed by these Regulations.
(h) 
The Commission may seek the recommendations of any Town or regional agency or outside specialist including, but not limited to, the regional planning agency, the Bethel Historical Society, the Connecticut Trust for Historic Preservation and The University of Connecticut College of Agriculture and Natural Resources.
(i) 
Any reports or recommendations from such agencies or organizations shall be entered into the public hearing record.

§ 118-6.11 Keeping of animals.

A. 
Canine/feline/rabbits. The following limitations shall apply to the keeping of dogs and cats:
Permit
Density Limitation
Other Limitations
Canine/feline/rabbits
No Permit Required
Up to 4 dogs, cats and/or rabbits over the age of 12 weeks per property
None specified
Special Permit Required
More than 4 dogs, cats, and/or rabbits over the age of 12 weeks per property
None specified
Special Permit Required
Any type of commercial boarding or day care or similar facility
B. 
Horses, cows and similar large animals.
(1) 
The following limitations shall apply to the keeping of horses, cows, and similar large animals:
Permit
Density Limitation
Other Limitations
Equine
Zoning Permit Required
For parcels containing at least one acre, 1 horse or pony for the first 40,000 square feet of parcel area and 1 additional horse or pony for each additional 20,000 square feet of parcel area
All horses and ponies shall be kept within a fenced enclosure designed to prevent animals from crossing or overhanging any property line
No Permit Required
Farming on parcels containing 8 acres or more, no limit
Same requirement as above for a fenced enclosure
Bovine and Similar Large Animals
Zoning Permit Required
For parcels containing at least 3 acres, 1 cow or similar large animal for the first 40,000 square feet of parcel area and one additional cow or similar large animal for each additional 20,000 square feet of parcel area
All livestock shall be kept within a fenced enclosure designed to prevent animals from crossing or overhanging any property line
No Permit Required
Farming on parcels containing 8 acres or more, no limit
Same requirement as above for a fenced enclosure
(2) 
Maintaining horses, cows, and similar large animals in septic or septic reserve areas shall be subject to Health Department approval.
(3) 
For horses, cows, and similar large animals, no manure or dust-producing fertilizer shall be stored in the open within 100 feet of any property line. Manure disposal shall be subject to all Public Health Code regulations.
C. 
Sheep, chickens and other animals.
(1) 
The following limitations shall apply to the keeping of sheep, chickens, and other animals:
Permit
Density Limitation
Other Limitations
Ovine and similar small animals
Zoning Permit required
For parcels containing at least 3 acres, 1 goat or similar small animal for the first 20,000 square feet of parcel area and 1 additional goat or similar small animal for each additional 10,000 square feet of parcel area
All livestock shall be kept within a fenced enclosure designed to prevent animals from crossing or overhanging any property line
No Permit Required
Farming on parcels containing 8 acres or more, no limit
Same requirement as above for a fenced enclosure
Keeping of chickens and other poultry (except homing pigeons)
Zoning Permit required
R-80 Zone - 10 birds
R-40 Zone - 8 birds
R-30 Zone - 6 birds
R-20 Zone - 4 birds
All poultry shall be housed in a covered predator proof structure and have access to a fenced outdoor enclosure. Roosters are not allowed. All portions of the enclosure must meet accessory structure setback requirements for the zone and located to the rear of the main dwelling unit.
No permit required
Farming on parcels containing 5 acres or more, no limit
Same requirement as above for poultry
Keeping of homing pigeons
Zoning Permit required
For parcels containing at least 0.5 acre, 50 birds per 40,000 square feet
All homing pigeons shall be housed within a building or fenced enclosure and no homing pigeon shall be housed within 30 feet of any street or property line
Keeping of swine
Not permitted
0 per acre
Raising of fur-bearing animals for commercial purposes
Not permitted
0 per acre
(2) 
Maintaining sheep, chickens, and other animals in septic or septic reserve areas shall be subject to Health Department approval.
(3) 
For sheep, chickens, and other animals, no manure or dust-producing fertilizer shall be stored in the open within 100 feet of any property line. Manure disposal shall be subject to all Public Health Code regulations.

§ 118-6.12 Outdoor wood-burning furnaces.

A. 
Intent and purpose. This section regulates the installation of Outdoor Wood-burning Furnaces, as defined in § 118-2.2, Definitions, of these Regulations.
B. 
Standards.
(1) 
The installation of Outdoor Wood-burning Furnaces in any zone within the Town of Bethel is prohibited.

§ 118-6.13 Stormwater management and drainage requirements.

A. 
Purpose and intent.
(1) 
This section is intended to regulate the development and redevelopment of properties in Bethel with the goal to maintain post-development peak rate of stormwater runoff to a level that is less than or equal to pre-development conditions, manage quantity of runoff, and improve the water quality of the runoff.
(2) 
These Regulations are intended to protect the public health, safety, and welfare of Bethel's residents, to avoid adverse and cumulative impacts to downstream properties and structures, and to protect the integrity of our wetlands and watercourses.
(3) 
Implementation of these standards, in conjunction with adherence to the standards in § 118-6.6, Erosion and sedimentation control, will minimize any unnecessary accelerated erosion and sedimentation, and result in compliance with MS4 requirements, as amended.
B. 
Applicability. Within the Town of Bethel, any new development or redevelopment, received after the date of adoption, including any earth disturbance (excavation, filling, or grading, etc.), and/or any submissions of any application subject to the review by the Planning and Zoning Commission (e.g., Special Permits and Revisions to Special Permits, Subdivisions, Floodplain Site Plan Applications, etc.), shall be subject to these Regulations.
(1) 
Residential zones. A residential project resulting in more than 1,000 square feet of new impervious coverage.
(2) 
Business/commercial and multi-family dwelling zones. Where new impervious coverage is proposed, a stormwater management plan shall be submitted in accordance with this regulation. Stormwater management shall only apply to the area of new impervious coverage.
C. 
Goals for stormwater drainage design and facilities. Proposed stormwater drainage systems shall address the following goals:
(1) 
Preserve the pre-development site hydrology;
(2) 
Preserve and protect streams, channels, wetlands, water bodies, watercourses and other natural features that provide water quality and quantity benefits, including upland review areas;
(3) 
Prevent pollution of drinking water sources, both above ground and below ground (aquifers) by minimizing the discharge of soluble pollutants;
(4) 
Prevent pollutants from entering receiving waters and wetlands;
(5) 
Preserve undisturbed natural areas from development and minimize grading and clearing of land;
(6) 
Avoid compaction of soils and restore the original properties and porosity of the soil.
(a) 
In areas where no improvements are proposed, but there has been, or will be, earth disturbance due to on-site construction, the soils should be loosened to a minimum depth of six inches below grade prior to placing topsoil or final landscaped surface;
(b) 
Manage stormwater runoff in a manner that maintains or improves the physical and biological characteristics of existing drainage systems and prevents increases in downstream flooding, stream bank erosion, and water pollution.
(7) 
In accordance with the Connecticut Department of Energy and Environmental Protection General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Water Systems (effective date 7-1-2017, and as amended), consideration of Low Impact Development ("LID") techniques, Best Management Practices ("BMPs"), runoff reduction site planning and development practices, and non-structural approaches to controlling runoff and water quality, where appropriate;
(8) 
On applications where the increase in the area of impervious surfaces exceeds the impervious coverage thresholds, in the residential zone or any application adding impervious coverage in any commercial or business zones, ensure that the new peak rate of runoff is less than or equal to the existing condition peak rate of runoff for a two-, 10-, and 50-year storm event, based on a 24-hour storm duration;
(9) 
Utilize infiltration, where appropriate, to reduce stormwater runoff rate and volume, to improve stormwater quality and to recharge groundwater.
D. 
Stormwater treatment general procedures and guidelines. In general, the preferred methods for meeting the objectives of post-construction runoff control include the installation of Site Design Best Management Practices and/or Low Impact Development measures, described below, which can be considered as both stormwater pretreatment facilities and primary treatment facilities, as applicable.
(1) 
Pretreatment facilities are designed to remove large particles and debris from runoff in order to prevent clogging and minimize maintenance of any downstream primary treatment facility.
(2) 
Primary treatment facilities are designed to capture and treat the design water quality volume (WQV) or the design water quality flow (WQF) in accordance with the design procedures contained in the Connecticut Stormwater Quality Manual, as amended, and address the Goals and Guidelines set forth in these Regulations.
(3) 
Site design best management practices (BMPs). Site design BMPs are techniques and facilities that can be used to reduce the quantity of runoff, and to treat runoff in order to reduce the level of pollutants. Preferred site design techniques include minimizing impervious areas and retaining native vegetation. Site design BMPs include roof downspout infiltration systems, dry wells and the utilization of pervious surfaces, where appropriate. Preferably, runoff storage and treatment measures shall be spread throughout the site rather than being placed at a single stormwater collection point (end-of-pipe structure).
(4) 
Low-impact development (LID). A site design strategy intended to maintain or replicate pre-development hydrology through the use of small-scale controls integrated throughout the site to manage runoff as close to its source as possible. This involves strategic placement of lot-level controls to reduce runoff volume and pollutant loads through infiltration, evapotranspiration, and reuse of stormwater runoff. Small-scale LID practices include, but are not limited to, the use of vegetated swales, buffers, and filter strips, bioretention facilities and rain gardens, dry wells, subsurface chambers, and infiltration trenches, rainwater harvesting, vegetated roof covers (green roofs), and pervious surfaces. The main feature that distinguishes these practices from conventional structural stormwater controls is scale. These small systems are typically designed as off-line systems that accept runoff from a single residential lot or portions of a lot, as opposed to large multiple-lot or end-of-pipe controls.
E. 
Stormwater management requirements.
(1) 
Application submission. Proposed stormwater drainage systems shall be shown on a stamped and signed site plan prepared by a Connecticut licensed professional engineer, using current engineering practices, and shall be designed to create post-development runoff that is less than or equal to existing conditions. Plans shall incorporate BMPs, LID, and/or other Stormwater Treatment General Procedures to manage the quantity of stormwater and to treat the quality of stormwater in order to comply with the Goals for Stormwater Drainage Design and Facilities. Application submissions shall include calculations and documentation to support and identify the methods used in the design of the stormwater management and drainage facilities, and compliance with the Connecticut Stormwater Quality Manual, as amended. Any application submission subject to these Regulations shall be accompanied by a written narrative describing the proposed project, and the following stormwater management requirements shall be included and/or addressed in documentation, plans, and details:
(a) 
An analysis performed in accordance with the Connecticut Stormwater Quality Manual, providing a comparison of the pre-development conditions with the proposed post-development conditions;
(b) 
Attenuation of the post-development peak runoff rate;
(c) 
All drainage/conveyance systems, whether structural or non-structural, shall be analyzed, designed and constructed to accommodate existing upstream off-site runoff and developed on-site runoff (post-development);
(d) 
Provisions for the treatment of surface runoff in order to minimize the discharge of pollutants into existing conveyance systems, wetlands, watercourses, and water bodies;
(e) 
Measures to control soil erosion and sedimentation during construction and post-development in accordance with § 118-6.6 in these Regulations;
(f) 
Pretreatment of runoff prior to discharging to the site's primary stormwater treatment facility or to any infiltration facility. If a pretreatment facility is used, primary treatment shall also be required;
(g) 
Primary treatment of stormwater runoff at all points where stormwater discharges from the site into an existing stormwater conveyance system, wetland, or watercourse; and
(h) 
All stormwater conveyance systems, storm sewer systems, surface drainage systems, detention systems, swales, channels, and similar facilities shall be appropriate for the site and shall be designed in accordance with current engineering practices, addressing the goals and requirements in these Regulations.
Submission of a Stormwater Maintenance and Drainage System Agreement and Plan shall accompany all applications when required by these Regulations.
Maintenance of all proposed stormwater drainage systems/facilities not dedicated to the Town shall be the sole responsibility of the property owner or property association. A Stormwater Management Maintenance Agreement must be submitted.
Detention systems not dedicated to the Town require an operation and maintenance schedule/plan that addresses items of routine maintenance, frequency of maintenance, the party responsible for maintenance, accessibility for Town inspection, and an emergency operation plan outlined in a document that must be filed as an agreement with the Town prior to the issuance of any Zoning Certificate of Compliance for the development.
(2) 
Stormwater quality. All development subject to these Regulations shall include provisions for the treatment of stormwater runoff in order to minimize the transport of pollutants into existing conveyance systems, wetlands, watercourses, water bodies, and into the groundwater. The Commission or its Agent may require a post-development pollutant renovation analysis for business or commercial site development, where warranted by the proposed use and potential for pollutant runoff. Specifically, all stormwater management facilities including, but not limited to, stormwater conveyance systems, storm sewer systems, surface drainage systems, detention systems, drainage swales and channels shall be designed to:
(a) 
Remove at least 80% of the average total suspended solids (TSS) load;
(b) 
Remove all oils, greases and vehicle fluids from the post-development runoff, prior to the runoff leaving the site, to the maximum extent possible;
(c) 
Incorporate stormwater management practices that mitigate potential increases in the temperature of runoff.
Water quality volume shall be calculated based on the 2004 Connecticut Stormwater Quality Manual, as amended.
(3) 
Stormwater quantity/peak runoff attenuation. All development subject to these Regulations shall attenuate the post-development peak runoff rate. Peak runoff attenuation can be accomplished by limiting impervious coverage, increasing travel times, utilizing pervious pavers and pavements, introducing groundwater recharge, constructing stormwater detention facilities or other approved methods. The following standards shall be applied in designing for peak rate attenuation:
(a) 
Increases in peak runoff must be attenuated for the two-, 10-, 25- and 100-year storms, based on data for 24-hour storm duration, upon certification from a Connecticut licensed engineer. The Commission or local review authority may waive the peak runoff attenuation criterion for sites that discharge to a large river (fourth order or greater) or lake where the development area is less than 5% of the watershed area upstream of the development site;
(b) 
Rainfall data (Point Precipitation Frequency Estimates) for Ridgefield Connecticut shall be obtained from the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 (https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html);
(c) 
Additional attenuation may be required where the development is in close proximity to designated Special Flood Hazard Areas, designated on Federal Flood Insurance Rate Maps for the Town of Bethel where the cumulative impact of the development has the potential to adversely affect downstream developed properties, or the Commission determines that additional attenuation for the 100-year storm may be required.
F. 
Other approvals may be required. An approval under this Section does not relieve any person from having to obtain other permit approvals that may be required, including:
(1) 
A regulated activity in a wetland or watercourse area;
(2) 
An activity within a floodplain area; or
(3) 
An activity regulated by a local, state, or federal agency.
G. 
References for design. The analysis and design of drainage and stormwater management systems shall utilize the latest versions of the following publications, where applicable:
(1) 
State of Connecticut Department of Transportation (CONNDOT) Drainage Manual;
(2) 
U.S. Soil Conservation Service TR-55 Manual;
(3) 
U.S. Soil Conservation Service TR-20 Manual;
(4) 
2002 Connecticut Guidelines for Soil Erosion and Sediment Control (DEP Bulletin 34);
(5) 
2004 Connecticut Stormwater Quality Manual, including the Low Impact Development Appendix to the Manual (2011).