Bethel City Zoning Code
ARTICLE VII
Special Provisions
§ 118-7.1 Nonconforming conditions.
A.
Nonconforming uses.
(1)
Any nonconforming use of building or land lawfully existing or in use at the time of the adoption of these Regulations, or any amendments hereto, may be continued as a nonconforming use.
(2)
No nonconforming use and no portion of a building containing a nonconforming use shall be extended or expanded.
(3)
No nonconforming use may be changed, except to a conforming use or with the granting of a Special Permit by the Commission, to another nonconforming use more consistent with the uses permitted in the zone in which the premises are located.
(4)
No nonconforming use shall, once changed to a more conforming use, be changed back to a less conforming use.
(5)
A nonconforming use, if discontinued for a continuous period of six months, shall be deemed terminated unless the property owner can demonstrate to the reasonable satisfaction of the Commission his or her intent to maintain and continue such use.
(6)
Following damage by fire, explosion accident, force majeure, act of nature, or act of a public enemy, nothing in this section shall prevent the restoration of a building used by a nonconforming use to its form immediately prior to said destruction.
B.
Nonconforming buildings and structures.
(1)
Any nonconforming structure lawfully existing at the time of adoption of these Regulations, or any amendments hereto, may be continued as a nonconforming structure.
(2)
A nonconforming structure may only be enlarged, provided such enlargement complies with applicable parts of these Regulations for the specific use and zone.
(3)
Following damage by fire, explosion accident, force majeure, act of nature, or act of a public enemy, nothing in this section shall prevent the restoration or reconstruction of a nonconforming building within one year to its form immediately prior to said destruction.
(4)
Nothing in this regulation shall prevent the restoration of a wall or of a structural member on a nonconforming structure.
C.
Nonconforming parcels.
(1)
Nonconforming single lots in contiguous ownership upon which no building has been erected shall be required to conform to the standards for density and height and setback requirements and lot size for the applicable zone district as specified herein in effect at the time of:
(2)
The provisions of these Regulations relative to required lot area and required lot frontage and required lot width shall not prevent the construction of an otherwise permitted use on a lot which, at the time of the adoption of these Regulations or of any pertinent amendment hereto, was owned separately from any adjoining land, as evidenced by deed recorded in the land records of the Town. Any reduction in the required front, side or rear yard shall be subject to the granting of a variance by the Zoning Board of Appeals.
(3)
Any nonconforming parcel lawfully existing at the time of adoption of these Regulations, or any amendments hereto, may be continued as a nonconforming parcel, provided that such parcel has not, once becoming non-conforming, been in the same ownership as an abutting parcel. If such parcel has been in the same ownership as an abutting parcel, such parcels shall, for zoning purposes, be considered to be merged to create a conforming lot or a more conforming parcel.
§ 118-7.2 Alcoholic beverages.
A. CAFE HOTEL PACKAGE STORE RESTAURANT TAVERN
Definitions. The following definitions shall apply to this Section of the Regulations:
A place where beer or alcoholic liquor is sold under a cafe permit issued by the State Liquor Control Commission.
A place where beer or alcoholic liquor is sold under a hotel permit issued by the State Liquor Control Commission.
A place where beer or alcoholic liquor is sold under a package store permit issued by the State Liquor Control Commission or any other place where beer or alcoholic liquor is sold at retail in sealed bottles or other containers not to be consumed on the premises under any permit from the State Liquor Control Commission or other authority authorized by law to issue such permit.
A place where beer or alcoholic liquor is sold under a restaurant permit issued by the State Liquor Control Commission.
A place where beer or alcoholic liquor is sold under a tavern permit issued by the State Liquor Control Commission.
B.
Standards.
(1)
Unless located in the Village Center (VC) zone, the Commercial (C) zone, or the Route 6 Business (RT6) zone, no parcel of land or building thereon shall be used for a cafe, hotel, package store or tavern if any part of such parcel of land is situated:
(a)
Within 1,500 feet, as measured along the center line of any public street, of any other parcel of land used for the purpose of a cafe, hotel, package store or tavern.
(b)
Within 500 feet of any parcel of land used or reserved to be used for the purpose of a public school, a duly organized school other than a public school, a church, a charitable institution, whether supported by public or private funds, a hospital or a library.
(2)
Unless located in the Village Center (VC) zone, the Commercial (C) zone, or the Route 6 Business (RT6) zone, no parcel of land or building thereon shall be used for a restaurant serving beer or alcoholic liquor if any part of such building or premises is situated within 500 feet of any parcel of land used or reserved to be used for the purpose of a public school, a duly organized school other than a public school, a church, a charitable institution, whether supported by public or private funds, a hospital or a library.
(3)
The provisions of § 118-7.2B(1) and (2) shall not be deemed to be retroactive.
§ 118-7.3 Telecommunication facilities.
A.
Purpose. These Regulations are intended to establish guidelines and standards for the siting of antenna facilities in Bethel in order to protect the public safety and general welfare and, through design, siting, and screening, to minimize any adverse visual and operational effects.
B.
No permit required.
(1)
Residential household antenna. An antenna used solely for residential household television and radio reception, provided any such antenna meets required setbacks and does not exceed the maximum total building height for the zoning district in which it is located.
(2)
Residential satellite dish antenna. A satellite dish antenna in a residential zone, provided:
(a)
The dish antenna measures 1 meter (3.28 feet) or less in diameter.
(b)
A building-mounted installation complies with setback and total building height standards for a principal structure.
(c)
A ground-mounted installation is located in the rear yard and complies with setback and total building height standards for an accessory structure.
C.
Permitted by zoning or other permit.
(2)
Amateur radio antenna. An amateur radio antenna owned and operated by an amateur radio operator licensed by the FCC, provided:
(a)
A ground-mounted installation is located in the rear yard.
(b)
A building-mounted installation is affixed to the rear of the residential structure.
(c)
Any tower and antenna combination is less than 40 feet in total height and is erected no nearer to any property line than a distance equal to the vertical height of the tower and antenna.
(d)
A suitable safety fence may be required to be erected to preclude unauthorized access.
(3)
Existing tower repair. Repair of existing towers and antennas, provided there are no changes in design, height or appearance.
E.
Permitted by special permit.
(1)
Other antennas on existing structures. Any other antenna which is not attached to a tower, provided:
(a)
The antenna complies with all applicable FCC and FAA regulations;
(b)
The antenna complies with all applicable building codes;
(c)
The antenna does not extend more than 10 feet above the highest point of the structure; and
(d)
The antenna is completely screened or designed and installed to be architecturally compatible with the structure in question.
(2)
New public safety tower or antenna. A new antenna tower intended and used primarily for the purpose of police, fire, ambulance, and/or other emergency services or similar emergency communications.
(3)
New tower or antenna on Town-owned property. A new antenna located on property owned, leased or otherwise controlled by the Town of Bethel.
(4)
New tower or antenna. Any new tower or antenna not regulated by the Connecticut Siting Council.
F.
Requirements for special permit applications.
(1)
Application requirements.
(a)
Each application shall include documentation that a licensed carrier or an authorized emergency services organization is either an applicant or a co-applicant on the application.
(b)
Each application shall include documentation that the proposed facility will not cause any interference with any emergency or public safety radio system.
(c)
Each application shall include documentation showing how the proposed facility will accommodate emergency service communications for police, fire and ambulance services or a statement from each organization that such accommodation is not desired.
(d)
Each application shall include documents, indicating that:
[1]
All towers, antennas, and/or equipment to be installed meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas.
[2]
If such standards and regulations are changed, then the owners of the towers and antennas governed by this regulation shall bring such towers and antennas into compliance.
(e)
Each application shall include documentation regarding noise emission from equipment and identify appropriate steps to provide soundproofing so that any noise above ambient levels is inaudible at the property line.
(f)
Each application shall include a written maintenance plan for the site, including, but not limited to, all facilities including landscaping at the site.
(2)
Visual considerations.
(a)
Towers and antenna and appurtenances shall be painted a neutral color or other such finish as determined by the Commission so as to minimize visual obtrusiveness.
(b)
The design of the equipment, buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to make the antenna and related equipment as visually unobtrusive as possible.
(d)
Towers shall not be artificially lighted, unless required by the FAA or other applicable authority and specifically authorized by the Commission.
(e)
No signs shall be allowed on any antenna, facility, or tower unless required by an overriding legal authority, except that a two-square-foot sign is required to be posted showing the emergency contact and telephone number.
(3)
Equipment considerations.
(a)
Any equipment cabinets or other appurtenances used in association with the tower or antenna shall be clearly shown as part of the application, including how such equipment is designed to blend with the surrounding landscape or be obscured from adjacent properties and streets.
(b)
Security fencing, no more than six feet in height, may be required by the Commission around the antenna, tower, and equipment depending on the nature of the installation.
(c)
Landscaping, including buffering, may be required by the Commission around the antenna, tower, and equipment depending on the nature of the installation.
§ 118-7.4 Adult-oriented businesses.
A.
Purpose and intent.
(1)
The intent of this section is to regulate uses which, because of their very nature, are recognized as having potentially serious objectionable characteristics, particularly when several of them are concentrated and thus have deleterious effect upon adjacent areas. Special regulation of adult-orientated businesses is necessary to ensure that these adverse effects will not result in the blighting or downgrading of the neighborhood.
(2)
Statistics and studies performed by a substantial number of cities and towns in the United States indicate that:
(a)
Large numbers of persons, primarily male, frequent such adult-orientated establishments, especially those which provide closed booths, cubicles, studios and rooms for the private viewing of so-called adult motion pictures and/or video tapes and/or live entertainment; and
(b)
Persons under the age of 18 may be attracted to adult-orientated establishments and seek to enter or loiter about them without the knowledge or permission of their parents and guardians; and
(c)
Closed booths, cubicles, studios and rooms within adult-orientated establishments have been used by patrons, clients or customers of such adult-orientated establishment for the purpose of engaging in certain sexual acts; and
(d)
Male and female prostitutes have been known to frequent such establishments in order to provide sex for hire to the patrons, clients or customers of such establishments with such booths, cubicles, studios and rooms; and
(e)
The reasonable regulations and supervision of such adult-orientated establishment tends to discourage such sexual actions and prostitution, and thereby promotes the health, safety and welfare of the patrons, clients and customers of such establishments.
(3)
These Regulations are intended to prevent the over concentration of such uses and to protect the health, safety, general welfare, property values and quality of life in Bethel.
B. ACCESSORY ADULT USE ADULT BOOKSTORE ADULT ENTERTAINMENT ADULT ENTERTAINMENT CABARET ADULT MINI MOTION-PICTURE THEATER ADULT MOTION-PICTURE THEATER ADULT NOVELTY BUSINESS ADULT PERSONAL SERVICE ESTABLISHMENT ADULT VIDEO STORE ADULT-ORIENTATED ESTABLISHMENT PARTIALLY NUDE PRINCIPAL ACTIVITY SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES
Definitions. For the purposes of this section, certain words and phrases used herein are defined as follows:
An establishment, other than an adult personal service establishment, having less than 10% of its stock and trade in books, magazines, videotapes, adult materials and devices used for sexual stimulation or display, films for sale, barter or rent or for viewing on premises by use of motion-picture devices, or video players or any coin-operated means and other printed materials which are distinguished or characterized by their emphasis on matters depicting or relating to "specified sexual activities" or "specific anatomical areas." Any such accessory adult use shall be enclosed and controlled so as to restrict exposure and entry to exclude any minor by reason of age. All adult personal service establishments and activities shall be deemed to be a principal activity.
An establishment having a substantial portion, which shall be considered having 10% or more of its stock and trade in books, magazines, videotapes, adult materials and devices used for sexual stimulation or display, films for sale or rent or for viewing on premises by use of motion-picture devices, or video players or any coin-operated means and other printed materials and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specific anatomical areas" as defined in this section.
Businesses, including adult bookstores, adult video store, adult motion-picture theater, adult entertainment cabaret, adult novelty business and adult personal services establishment, that involve viewing or participating in specified sexual activities or viewing specified anatomical areas as described in these Regulations.
A public or private establishment which is licensed to serve food and/or beverages, which feature topless dancers, strippers, male or female impersonators or similar entertainers, or acts relating to "specified sexual activities" or "specified anatomical areas," for observations by patrons therein.
An enclosed building with a capacity for fewer than 50 persons used regularly and routinely for material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," or observation by patrons therein.
An enclosed building with a capacity of 50 or more persons used regularly and routinely for material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," or observation by patrons therein.
An establishment having 10% or more of its stock and trade in adult materials, toys and other devices designed for sexual stimulation and which excludes minors by virtue of age.
An establishment, club or business by whatever name designated which offers or advertises or is equipped or arranged so as to allow a person while clothed, nude or partially nude to provide personal services for a person of the same or other sex on an individual basis in an open or closed room and which excludes minors by virtue of age. Such services or activities include but are not limited to massages, body rubs, baths and other similar treatments, as well as modeling studios, body painting studios, tattoo parlors, body piercing studios, wrestling studios, individual theatrical performances. It does not include activities performed by persons pursuant to, and in accordance with, licenses issued to such persons by the State of Connecticut, nor does it include those uses and activities specifically excluded under § 118-7.4D below.
An establishment having a substantial portion, which shall be considered having 10% or more, of its stock and trade in videotapes or films, for barter, sale or rent or for viewing on premises by use of motion-picture devices, or video players or any coin-operated means and other printed materials and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specific anatomical areas" as defined in this Subsection.
A public or private establishment which is customarily not open to the general public but only to one or more classes of the public, thereby excluding any minor by reason of age, and whose principal activity includes but is not limited to one or a combination of the following types of businesses: adult bookstore, adult motion-picture theater and adult mini-motion picture theater, as well as any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing "adult entertainment," any premises to which the public, patrons or members are invited or admitted wherein an entertainer provides "adult entertainment" to a member of the public, a patron or a member, when such "adult entertainment" is held, conducted, operated or maintained for a profit, direct or indirect, regardless of how such premises are advertised or represented, but including, without limitation, adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any term of like import, as well as adult cabaret, adult novelty business or adult personal service business.
Having any part of "specified anatomical areas," as defined below, less than completely and opaquely covered.
Means a use accounting for 10% or more of a business's stock and trade, display space or floor space, or movie display time per month.
Less than completely and opaquely covered:
C.
Regulated uses. Regulated uses include all adult uses which include but are not limited to the following:
D.
Exemption. The provisions of this section shall not apply to nor prohibit the following uses and activities:
(1)
Treatment by a licensed chiropractor, licensed osteopath, a Connecticut-licensed masseur, a licensed practical nurse or a registered professional nurse;
(2)
Electrolysis treatment by a licensed operator of electrolysis equipment;
(3)
Hospitals, nursing homes, medical clinics or medical offices;
(4)
Barbershops, beauty parlors, nail salons which offer massage to the scalp, the face, the neck or shoulders only;
(5)
Athletic facilities or an educational institution including alumni club, or a philanthropic or charitable institution; and
(6)
Health establishment, including commercial and noncommercial clubs, which are equipped and arranged to provide instruction, services or activities which improve or affect a person's physical condition by physical exercise or by massage. Physical exercise programs include aerobics, martial arts or the use of exercise equipment.
E.
Locational requirements and standards.
(1)
An adult-orientated establishment may be located in an Industrial Park (IP) Zone subject to the approval of a site plan and in accordance with the following standards and criteria:
(a)
No such adult-orientated use shall be located within 200 feet of any residentially zoned areas.
(b)
No such adult-oriented establishment shall be located within 500 feet of the property line of any public or private school or other educational facility serving individuals under the age of 17 years, day-care center, senior center, funeral home, park, library, firehouse or other public building, playground, church, convent, monastery, synagogue, mosque or similar place of worship, or cemetery.
(c)
No such adult-oriented establishment shall be located within 500 feet of the property line of any lot containing a preexisting establishment which sells alcoholic beverages (other than beer and wine) for on-premises consumption, or within 200 feet of the property line of any lot containing a preexisting restaurant or other food service establishment which does not sell alcoholic beverages (other than beer and wine) for on-premises consumption.
(d)
No such adult-oriented establishment shall be located within 1,000 feet of another such establishment.
(e)
For purposes of compliance with these separation requirements, distances shall be measured in a straight line, without regard to intervening structures or objects, from the principal entrance of the building containing or proposing to contain an adult-orientated establishments to the nearest boundary of the uses specified in § 118-7.4E(1) above.
F.
Sign and exterior display limitations. No adult use shall be conducted in a matter that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult-orientated establishment. This requirement shall also apply to any display, decoration, sign, show window or other opening.
G.
Registration requirement.
(1)
All existing or proposed adult-orientated establishments shall within 30 days of the effective passage of these Regulations or prior to the opening of business register with the Zoning Enforcement Officer and provide the following information concerning the proposed or existing adult-orientated establishment of the type listed in § 118-7.4C of this section:
(a)
The street address of the premises.
(b)
The name of the owner of the premises, or the names of the beneficial owners if the property is a land trust.
(c)
The address of the owner or the beneficial owners.
(d)
The trade name of the regulated adult-orientated establishment.
(e)
The name(s) and address(es) of the owner, beneficial owner, partners, limited partners or the major stockholders of the regulated adult-orientated establishment.
(f)
The date of initiation of the regulated adult-orientated establishment.
(g)
If the building or premises is leased, a copy of the said lease shall be furnished.
(2)
Upon filing of this information, the Zoning Enforcement Officer shall automatically issue a certificate of registration within 10 days.
(3)
The failure of an adult-orientated establishment to obtain a certificate of registration shall be deemed a violation of these Regulations entitling the Zoning Enforcement Officer to issue a cease-and-desist order.
(5)
No cease-and-desist order will stay the operation of the establishment unless the Zoning Enforcement Officer seeks and obtains a court-ordered injunction.
(6)
During any administrative appeal or injunction proceedings, the Zoning Enforcement Officer shall carry the burden of proof.