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Zoning Enforcement
From the Zoning Enforcement Officer: "I look forward to assisting you. If you happen to be at Town Hall, please feel free to drop in anytime. However, if you are making a special trip to visit me, please know that I am often in the field on inspections or in meetings. If you phone prior to your visit, you can verify that I am in and available to assist you. I look forward to working with you." Staff Isabel Kearns, Zoning Enforcement Officer Antonia Marek, Clerk Contact Zoning Enforcement Bethany Town Hall 40 Peck Road Bethany, CT 06524-3338 203-393-2100 x115 203-393-0828 (fax) Zoning Enforcement Officer, 203-393-2100 x135, Clerk, 203-393-2100 x115, Hours Hours: Monday through Friday, 9:00 AM to 4:30 PM, Monday evenings from 6:30 – 7:30 PM FAQsWhat is the zoning for my property? When is Site Plan approval from the Planning and Zoning Commission required to build? Where can I find additional guidance? What are the regulations governing home offices and home occupations? What are the regulations regarding having animals on my property? How does one report suspected zoning violations? Can I subdivide my property? Is it permissible to add an apartment in a single-family home? What regulations govern the installation of fences and walls? What regulations govern the installation and relocation of signs? How do I obtain a house number and where must the number be displayed? How large a house can I build? What flood zone is my property in? Where can I find more information about Building Zone and Subdivision Regulations? Why do I need a variance? What is a special exception? How can I can get my property rezoned? What are my setbacks? Where are mobile homes permitted? Can my neighbor or I have horses? How many pets, such as dogs, can I have in my home? Are commercial vehicles allowed to be parked in residential districts? What is a non-conforming use? What do I need to do to have a home occupation? I am starting a Commercial Business. What do I need to do? When do I need a building or mechanical permit? What do I need to do if I intend to install or to remove above or underground storage tanks? Do I need a permit to install or remove an oil fired appliance? When do I need Erosion and Sedimentation Control Certification? Do I need a permit to remove trees? When do I need an application for the Zoning Board of Appeals? When do I need to file an application for a Site Plan Approval? When do I need to file for a Special Permit? Do I need a permit to erect a sign? Do I need a permit to alter the facade of a Business or Industrial building or to alter the site (i.e. parking lots) or to change the lighting? When a property is being refinanced or sold why must the present owner be responsible to legalize additions or alterations that were done by previous owners many years ago? When a property is being taxed for an addition or alteration,(that does not appear in the building department files) why is the addition or alteration not listed in the building department's property file and not considered legal? Why must a property survey be submitted when you apply for a building permit for an addition to your home? Why is an As Built survey required upon completion of a structure or addition for which a variance is granted? Why is a building permit required for a shed or small moveable structure? Whom do I speak with about Zoning issues? My neighbor is building a deck on his house that is too close to my property line. Who handles code violations? I want to change the sign in front of my business. Who handles sign permits? How do I get information to correct a violation? Can I appeal the decision of the Zoning Enforcement Officer or the Assistant Zoning Enforcement Officer? How tall can a shed be? Where can I place a shed? 
What is the zoning for my property?
Back Currently the Town Zoning Map is unavailable on-line. Please visit the Zoning Enforcement office at Town Hall to view these maps.
When is Site Plan approval from the Planning and Zoning Commission required to build?
Back Site Plan Approval is required as indicated in Section 5.2 of the Zoning Regulations.
Where can I find additional guidance?
Back Contact the Zoning Enforcement Officer or the Assistant Zoning Enforcement Officer.
What are the regulations governing home offices and home occupations?
Back These are found in Section 4.3 of the Zoning Regulations.
What are the regulations regarding having animals on my property?
Back These are found in Section 4.3D.5 of the Zoning Regulations. The Inland Wetlands Commission should be consulted before keeping large animals.
How does one report suspected zoning violations?
Back Zoning violations should be reported to the Zoning Enforcement Officer or the Assistant Zoning Enforecent Officer.
Can I subdivide my property?
Back The Town of Bethany Subdivision Regulations currently define a subdivision as "...the division of a tract or parcel of land into three (3) or more parts or lots made subsequent to the adoption of Subdivision Regulations by the Commission for the purpose, whether immediate or future, of sale or building development expressly excluding development for agricultural purposes, and includes re-subdivision." Subdivision applications require review at public hearing by the Planning & Zoning Commission.
View
Subdivision Regulations
effective April 15, 2002. For additional guidance, the Planning and Zoning clerk's office is open Monday - Friday from 9:00 a.m. to 4:30 p.m. and Mondays 7:00 p.m. to 8:30 p.m. Professional staff assistance is available from 9:00 a.m. to 4:30 p.m. each business day. .
Is it permissible to add an apartment in a single-family home?
Back Planning and Zoning Regulations pertaining to accessory apartments can be found in Section 4.4J of the Zoning Regulations. Additional information can be obtained through the Zoning Enforcement Officer or the Assistant Zoning Enforcement Officer.
What regulations govern the installation of fences and walls?
Back Fences over 6 feet high are considered structures and require a permit.
What regulations govern the installation and relocation of signs?
Back See Section 7 of the Zoning Regulations.
How do I obtain a house number and where must the number be displayed?
Back Contact the Zoning Enforcement Officer. Such numbers must be at least 3 inches high and should be conspicuously displayed on your mailbox and near your house.
How large a house can I build?
Back Refer to Section 3.4 of the Zoning Regulations.
What flood zone is my property in?
Back The Federal Emergency Management Agency (FEMA) determines flood zone boundaries. The flood zone maps produced by FEMA are the only document that can legally determine which properties are within a designated flood zone. The FEMA Flood Zone Maps are available on the FEMA web site. Click on "MAP SEARCH" and when prompted enter your full address.
If you wish to review the Town of Bethany Regulations regarding development in the Flood Hazard Overlay Zone please refer to Section 18 of the Zoning Regulations.
Where can I find more information about Zoning and Subdivision
Regulations?
Back Browse the Zoning and Subdivision Regulations here.
Why do I need a variance?
Back If you are proposing work that does not comply with the Zoning Regulations, you may apply for a zoning variance. A variance is an authorization to meet less than the full zoning requirement. Zoning variances are not granted automatically. A property owner must apply for a zoning variance with the Zoning Board of Appeals. After receiving the application, the Zoning Board of Appeals will schedule a public hearing, receive testimony and decide whether to grant or deny the request.
What is a special exception?
Back A special exception is a use that is specifically listed as allowed within a zoning district. The use will have specific conditions that must be met in order to be permitted. The applicant for a special exception must demonstrate to the Planning and Zoning Commission, at a public hearing, how those conditions will be met.
How can I can get my property rezoned?
Back Refer to Section 15 of the Zoning Regulations. Setbacks are found in Section 3.4 of the Zoning Regulations.
Where are mobile homes permitted?
Back Mobile homes are a prohibited use.
Can my neighbor or I have horses?
Back Refer to Section 4.3D.5 of the Zoning Regulations. The Inland Wetlands Commission should be consulted prior to keeping large animals.
How many pets, such as dogs, can I have in my home?
Back Private kennels for up to five adult dogs are allowed in residential zones.
Are commercial vehicles allowed to be parked in
residential districts?
Back The storage of commercial vehicles in a residential zone is allowed provided they are screened from view on all sides by plantings, opaque fencing or other appropriate screening devices.
What is a non-conforming use?
Back The use of a property is non-conforming if it does not meet the requirements of the current zoning classification assigned to the property.
What do I need to do to have a home occupation?
Back Refer to Section 4.3D of the Zoning Regulations.
I am starting a Commercial Business. What do I need to do?
Back Refer to Section 5 of the Zoning Regulations.
When do I need a building or mechanical permit?
Back An application shall be submitted to the Code Official for the following activities, and these activities shall not commence without a permit being issued:
What do I need to do if I intend to install or to remove above or underground storage
tanks?
Back Contact the Building and Land Use Administrative Assistant, Zoning Enforcement Officer or Assistant Zoning Enforcement Officer for a determination of required permits.
Do I need a permit to install or remove an oil fired appliance?
Back Yes, permits are required.
When do I need Erosion and Sedimentation Control Certification?
Back When the area of disturbance on a parcel of land exceeds one-half acre.
Do I need a permit to remove trees?
Back Only if on a public right of way or in a wetland.
When do I need an application for the Zoning Board of Appeals?
Back Whenever an application is made requesting a variance, or to appeal an order, requirement or decision made by the authority charged with enforcement of the Zoning Regulations.
When do I need to file an application for a Site Plan Approval?
Back Consult Section 5.2 of the Zoning Regulations.
When do I need to file for a Special Permit?
Back Sections 4.4 and 5.2B of the Zoning Regulations list the occasions.
Do I need a permit to erect a sign?
Back See Section 7 of the Zoning Regulations.
Do I need a permit to alter the facade of a Business or
Industrial building or to alter the
site (i.e. parking lots) or to change the lighting?
Back See Sections 5 and 7 of the Zoning Regulations.
When a property is being refinanced or sold why must the present owner
be responsible to legalize additions or alterations that were done by previous
owners many years ago?
Back Any additions or alterations done without building permits are considered violations and the current owner is responsible to rectify said violations if brought to the attention of the building department.
When a property is being taxed for an addition or alteration,(that does
not appear in the building department files) why is the addition or alteration
not listed in the building department's property file and not considered legal?
Back The tax assessor assesses real property (what is presently on the parcel). When work is done under a building permit a report is filed with the tax assessor and the work is recorded and taxed accordingly. Upon a site inspection by the assessor's office, if additions or alterations are found, they are taxed accordingly. The assessor's office does not report it's findings back to the building department. Any work done that requires a building permit that is done without obtaining one is considered to be illegal.
Why must a property survey be submitted when you apply for a building
permit for an addition to your home?
Back A survey is required to establish compliance with current zoning setbacks for the proposed addition.
Why is an As Built survey required upon completion of a structure or addition for
which a variance is granted?
Back A licensed surveyor must certify the dimensions of structures or additions on properties to ensure that the setbacks of the addition that was built are in conformance with the zoning variance that was granted.
Why is a building permit required for a shed or small moveable
structure?
Back It is necessary for the Zoning Enforcement Officer or Assistant Zoning Enforcement Officer to approve the placement of the structures for zoning setback requirements.
Whom do
I speak with about Zoning issues?
Back The Zoning Enforcement Officer or the Assistant Zoning Enforcement Officer.
My
neighbor is building a deck on his house that is too close to my property
line. Who handles code violations?
Back The Zoning Enforcement Officer or the Assistant Zoning Enforcement Officer.
I want to change the sign in front of my business. Who handles sign permits?
Back The Planning and Zoning Commission grants permits for signs in Business and Industrial Zones.
How do I get information to correct a violation?
Back The Zoning Enforcement Officer or the Assistant Zoning Enforcement Officer.
Can I appeal the decision of the Zoning Enforcement Officer
or the Assistant Zoning Enforcement Officer?
Back An appeal can be made to the Zoning Board of Appeals. No structure can be over 35 feet high. See Section 4.1D of the Zoning Regulations.
Where can I place a shed?
Back All structures must be at least 50 feet from any property line.
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