These regulations are adopted under the authority of Chapter
124 of the Connecticut General Statutes (C.G.S.), as amended (C.G.S.
§ 8-1 et seq.).
[Amended 12-21-2022]
A.
Statutory authority and requirements of the Commission.
(1)
In accordance with C.G.S. Section 8-2, as amended the Commission
is authorized to regulate:
(a)
The height, number of stories and size of buildings and other
structures;
(b)
The percentage of the area of the lot that may be occupied;
(c)
The size of yards, courts and other open spaces;
(d)
The density of population and the location and use of buildings,
structures and land for trade, industry, residence or other purposes,
including water-dependent uses, as defined in Section 22a-93; and,
(e)
The height, size, location, brightness and illumination of advertising
signs and billboards, except that any advertising sign or billboard
that is not equipped with the ability to calibrate brightness or illumination
shall be exempt from any regulation regulating such brightness or
illumination that is adopted after the date of installation of such
advertising sign or billboard.
(2)
In accordance with C.G.S. Section 8-2, as amended the Commission may:
(a)
Divide the municipality into districts of such number, shape
and area as may be best suited to carry out the purposes of C.G.S.
Chapter 124, and, within such districts, may regulate the erection,
construction, reconstruction, alteration or use of buildings or structures
and the use of land.
(b)
Provide that certain classes or kinds of buildings, structures
or use of land are permitted only after obtaining a special permit
subject to standards set forth in the regulations and to conditions
necessary to protect the public health, safety, convenience and property
values.
B.
Statutory authority and requirements of the regulations.
(1)
In accordance with C.G.S. Section 8-2, as amended such regulations. shall:
(a)
Be made in accordance with a comprehensive plan and in consideration
of the plan of conservation and development adopted under C.G.S. Section
8-23;
(b)
Be designed to:
[1]
Lessen congestion in the streets;
[2]
Secure safety from fire, panic, flood and other dangers;
[3]
Promote health and the general welfare;
[4]
Provide adequate light and air;
[5]
Protect the state's historic, tribal, cultural and environmental
resources;
[6]
Facilitate the adequate provision for transportation, water,
sewerage, schools, parks and other public requirements;
[7]
Consider the impact of permitted land uses on contiguous municipalities
and on the planning region, as defined in C.G.S. Section 4-124i;
[8]
Address significant disparities in housing needs and access
to educational, occupational and other opportunities;
[9]
Promote efficient review of proposals and applications; and,
[10]
Affirmatively further the purposes of the federal
Fair Housing Act, 42 U.S.C. § 3601 et seq., as amended;
(c)
Be drafted with reasonable consideration as to the physical
site characteristics of the district and its peculiar suitability
for particular uses and with a view to encouraging the most appropriate
use of land throughout a municipality;
(d)
Provide for the development of housing opportunities, including
opportunities for multifamily dwellings, consistent with soil types,
terrain and infrastructure capacity, for all residents of the municipality
and the planning region, as designated by the Secretary of the Office
of Policy and Management under C.G.S. Section 16a-4a;
(e)
Promote housing choice and economic diversity in housing, including
housing for both low and moderate income households;
(f)
Expressly allow the development of housing which will meet the
housing needs identified in the state's consolidated plan for
housing and community development prepared pursuant to C.G.S. Section
8-37t and in the housing component and the other components of the
State Plan of Conservation and Development prepared pursuant to C.G.S.
Section 16a-26;
(g)
Be made with reasonable consideration for the impact of such regulations on agriculture, as defined in subsection (q) of C.G.S. Section 1-1;
(h)
Provide that proper provisions be made for soil erosion and
sediment control pursuant to C.G.S. Section 22a-329;
(i)
Be made with reasonable consideration for the protection of
existing and potential public surface and ground drinking water supplies;
(2)
In accordance with C.G.S. Section 8-2, as amended such regulations may:
(a)
To the extent consistent with soil types, terrain and water,
sewer and traffic infrastructure capacity for the community, provide
for or require cluster development, as defined in C.G.S. Section 8-18;
(b)
Be made with reasonable consideration for the protection of
historic factors;
(d)
Provide for incentives for developers who use:
[1]
Solar and other renewable forms of energy;
[2]
Combined heat and power;
[3]
Water conservation, including demand offsets; and
[4]
Energy conservation techniques, including, but not limited to,
cluster development, higher density development and performance standards
for roads, sidewalks and underground facilities in the subdivision;
(e)
Provide for a municipal system for the creation of development
rights and the permanent transfer of such development rights, which
may include a system for the variance of density limits in connection
with any such transfer;
(f)
Provide for notice requirements in addition to those required
by this chapter;
(g)
Provide for conditions on operations to collect spring water
or well water, as defined in C.G.S. § 21a-150, including
the time, place and manner of such operations;
(h)
Provide for floating zones, overlay zones and planned development
districts;
(i)
Require estimates of vehicle miles traveled and vehicle trips
generated in lieu of, or in addition to, level of service traffic
calculations to assess:
(j)
C.
Statutory prohibitions. In accordance with C.G.S. § 8-2,
as amended such regulations shall not:
(1)
Prohibit the operation of any family childcare home or group
childcare home in a residential zone;
(2)
Prohibit or unreasonably restrict:
(a)
The use of receptacles for the storage of items designated for
recycling in accordance with C.G.S. § 22a-241b or require
that such receptacles comply with provisions for bulk or lot area,
or similar provisions, except provisions for side yards, rear yards
and front yards;
(b)
Access to or the size of such receptacles for businesses, given
the nature of the business and the volume of items designated for
recycling in accordance with C.G.S. § 22a-241b, that such
business produces in its normal course of business, provided nothing
in this section shall be construed to prohibit such regulations from
requiring the screening or buffering of such receptacles for aesthetic
reasons;
(3)
Impose conditions and requirements on manufactured homes, including
mobile manufactured homes, having as their narrowest dimension 22
feet or more and built in accordance with federal manufactured home
construction and safety standards or on lots containing such manufactured
homes, including mobile manufactured home parks, if those conditions
and requirements are substantially different from conditions and requirements
imposed on:
(4)
Prohibit the continuance of any nonconforming use, building
or structure existing at the time of the adoption of such regulations;
(a)
Require a special permit or special exception for any such continuance;
(b)
Provide for the termination of any nonconforming use solely
as a result of nonuse for a specified period of time without regard
to the intent of the property owner to maintain that use; or
(c)
Terminate or deem abandoned a nonconforming use, building or
structure unless the property owner of such use, building or structure
voluntarily discontinues such use, building or structure and such
discontinuance is accompanied by an intent to not reestablish such
use, building or structure. The demolition or deconstruction of a
nonconforming use, building or structure shall not by itself be evidence
of such property owner's intent to not reestablish such use,
building or structure;
(5)
Prohibit the installation, in accordance with the provisions
of C.G.S. § 8-1bb, of temporary health care structures for
use by mentally or physically impaired persons if such structures
comply with the provisions of said section, unless the municipality
opts out in accordance with the provisions of subsection (j) of said
section;
(6)
Prohibit the operation in a residential zone of any cottage
food operation, as defined in C.G.S. § 21a-62b;
(7)
Establish for any dwelling unit a minimum floor area that is
greater than the minimum floor area set forth in the applicable building,
housing or other code;
(8)
Place a fixed numerical or percentage cap on the number of dwelling
units that constitute multifamily housing over four units, middle
housing or mixed-use development that may be permitted in the municipality;
(9)
Require more than one parking space for each studio or one-bedroom
dwelling unit or more than two parking spaces for each dwelling unit
with two or more bedrooms; or
(10)
Be applied to deny any land use application, including for any
site plan approval, special permit, special exception or other zoning
approval, on the basis of:
(a)
A district's character, unless such character is expressly
articulated in such regulations by clear and explicit physical standards
for site work and structures, or
(b)
The immutable characteristics, source of income or income level
of any applicant or end user, other than age or disability whenever
age-restricted or disability-restricted housing may be permitted.
A.
Districts.
(1)
To accomplish the purposes of these regulations, the Town of
Canton is divided into different districts as enumerated within these
regulations.
(2)
The location and boundaries of zoning districts shall be as
shown on the official Zoning Map, as may be amended from time to time,
which is on file in the Office of the Town Clerk.
(3)
The official Zoning Map is hereby declared to be a part of these
Zoning Regulations.
(4)
Any facsimile of the official map is intended for the convenience
of the public only and shall not be considered to be the official
Zoning Map of the Town.
B.
Boundary interpretation.
(1)
If not clearly delineated on the official Zoning Map, district
boundaries shall be construed in the following sequence:
(a)
Following the center line of a street, railroad, right-of-way,
or easement;
(b)
Following property lines of record at the time of adoption of
these regulations or relevant amendments hereto;
(c)
Where district boundaries are set back from street lines, they
shall be considered as running parallel thereto, at distances shown
or measured; or
(d)
Following the lines of a particular physical feature, including
brooks, streams, floodplains, or steep slopes.
(2)
In the case of any remaining uncertainty regarding district
boundaries on the official Zoning Map, the location of the district
boundary shall be determined by the Commission by resolution.
A.
Prohibited if not permitted.
(1)
Unless otherwise allowed by § 470-803 of these regulations, any use of land, buildings or structures not expressly permitted by these regulations in a particular district is prohibited in that district.
(2)
Accessory uses which are not specifically permitted by these
regulations but which are customarily incidental and subordinate to
a permitted principal use shall be permitted, unless specifically
identified as prohibited elsewhere in these regulations, subject to
any conditions as may be imposed by these regulations.
B.
Minimum requirements. In their interpretation and application, the
provisions of these regulations shall be held to be the minimum requirements
for the promotion of the public health, safety, comfort, convenience,
and general welfare, unless the context clearly indicates that such
provision is intended to be a maximum limitation.
C.
Strictest standards control.
(1)
In the event that there are found to be conflicting requirements
within these regulations, the most restrictive provision shall be
applied.
(2)
The provisions of these regulations may be superseded by other
local, state, or federal laws or regulations.
(3)
These regulations does not release a person from compliance
with a more restrictive law, ordinance, easement, covenant, rule,
regulation, or permit.
A.
Use. Unless otherwise allowed by § 470-803 of these regulations, no land and improvements thereon shall be used or occupied except in conformity with these regulations for the district in which the land is located.
B.
Construction. Unless otherwise allowed by § 470-803 of these regulations, no building, structure or other improvements or part thereof shall be constructed, moved, replaced, reconstructed, extended, enlarged, or altered except in conformity with these regulations for the district in which the building or other structure is located.
C.
Parcel changes. No land shall be sold or divided in a manner which
results in either:
(1)
A use of all or a part thereof ceasing to conform to these regulations
or conforming to a lesser extent than prior to such sale or division;
or
(2)
A dimensional standard or any other standard that does not conform
to the requirements of these regulations or conforms to a lesser extent
than prior to such sale or division.
A.
Separability. If any provision of these regulations is ruled by a
court of competent jurisdiction to be invalid, the effect of such
decision shall be limited to the provision expressly stated in the
decision to be invalid, and all other provisions of these regulations
shall continue to be valid and fully effective.
